HomeMy WebLinkAboutCouncil Packet - 9/28/2020 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, September 28, 2020
5:30 PM
CITY OF WATERLOO
GOALS
1. Support the creation of new, livable wage jobs through a balanced economic development
approach of assisting existing businesses, fostering start-ups, attracting new employers and
cultivating an adequate workforce.
2. Implement a Community Policing strategy that creates a safe environment in Waterloo.
3. Reduce the City's property tax levies through a responsible balance of cost reduction in
City operations and increases in taxable property valuations to ensure that Waterloo is a
competitive, affordable, and livable city.
4. Enhance the image of Waterloo and the City to residents and businesses inside and outside
of the community.
General Rules for Public Participation
1. At the chair/presider's discretion, you may address an item on the current agenda by
stepping to the podium, and after recognition by the chair/presider, state your name,
address and group affiliation(if appropriate) and speak clearly into the microphone.
2. You may speak one(1)time per item for a maximum of five(5)minutes as long as you
have registered with the City Clerk's office no later than 4:00 p.m. on the day of the
Council Meeting. If not registered with the City Clerk's office you may speak one (1)time
per item for a maximum of three(3)minutes.
3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow
everyone who wishes to address the council, using the same participation guidelines found
in these "general rules".
4. Although not required by city code of ordinances, oral presentations may be allowed at the
chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations"
section of the agenda is your opportunity to address items not on the agenda. You may
speak one(1)time for a maximum of five(5)minutes as long as you have registered with
the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not
registered with the City Clerk's office a speaker may speak to one(1) issue per meeting for
a maximum of three(3)minutes. Official action cannot be taken by the Council at that time,
but may be placed on a future agenda or referred to the appropriate department.
5. Keep comments germane and refrain from personal, impertinent or slanderous remarks.
6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office
at 291-4323.
7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the
day of the City Council meeting to appear before the City Council(may also register by
phone). Registered speakers will be given first priority.
Page 1 of 166
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Martin Petersen, City Attorney
Agenda, as proposed or amended.
Minutes of September 21, 2020, Regular Session, as proposed.
Donation and First Responder print presentation by the Waterloo Community
Foundation
ORAL PRESENTATIONS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it
does not require cities to allow public participation except during public hearings.
The City of Waterloo encourages the public to participate during the Oral
Presentations by following the rules listed on the front of the agenda.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on
file in the office of the City Clerk.
2. Resolution approving the UCR Technical Specification Sub-award Agreement
with the Iowa Department of Public Safety, in the amount of $500, to assist in
updating the UCR records reporting system for the Police Department, and
authorizing the Mayor to execute said document.
Submitted By: Dave Mohlis, Police Captain
3. Resolution approving Completion of Project and Recommendation of Acceptance
of Work for work performed by Spohn Ranch, Inc., of Los Angeles, California, at a
total cost of$358,977, in conjunction with the Riverside Skate Park Project.
Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services
4. Request to certify assessment to 215 Oneida Street, in the amount of $1,350, for
work performed by the Waterloo Water Works, together with recommendation of
approval by the Waterloo Water Works Board of Trustees.
Submitted By: Chad Coon, General Manager, Waterloo Water Works
5. Resolution approving the Annual Financial Report for City Streets, for the fiscal
year ended June 30, 2020, and authorizing transmittal to the Iowa Department of
Transportation.
Page 2 of 166
Submitted By: Michelle Weidner, Chief Financial Officer
6. Resolution approving request of Radoslav Srijemac for a waiver for a concrete
driveway, located at 3116 Franklin Street, and authorize the construction of a
concrete driveway and placing a driveway or sidewalk on city right-of-way on an
unimproved street.
Submitted By: Jamie Knutson, PE, City Engineer
7. Resolution approving request of Suad Murgic for a waiver for a concrete driveway,
located at 1645 Easton Avenue, with the elimination of the sidewalk section due to
the inability to meet grade requirements.
Submitted By: Jamie Knutson, PE, City Engineer
B. Motion to approve the following:
1. LIQUOR LICENSES
a. Dollar General Store #20584, 1650 Idaho Street
Class: B Wine/ C Beer
Renewal Application Includes Sunday
Expiration Date: 10/25/2021
b. Hy-Vee Wine & Spirits#1, 2126 Kimball Avenue
Class: B Wine / C Beer/ E Liquor
Renewal Application Includes Sunday
Expiration Date: 11/14/2021
C. Jameson's Public House, 310 E. 4th Street
Class: C Liquor w/Outdoor Service and Catering
Renewal Application Includes Sunday
Expiration Date: 11/2/2021
d. Logan Ave Convenience Store, 735 Logan Avenue
Class: B Wine/ C Beer/ E Liquor
Renewal Application Includes Sunday
Expiration Date: 11/28/2020
2. Motion approving Change Order No. 3 from Peterson Contractors, Inc., of
Reinbeck, Iowa, for a net increase of $46,620, in conjunction with the FY 2020
Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and
City Clerk to execute said document.
Submitted By: Matt Schindel, Associate Engineer
3. Motion approving Change Order No. 3 from Aspro, Inc., of Waterloo, Iowa, for a
net increase of $31,137.44, in conjunction with the FY 2020 Asphalt Overlay
Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute
said document.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
4. Motion to receive and place on file the 2019 Operating Report of the Waterloo
Water Works.
Submitted By: Chad Coon, General Manager, Waterloo Water Works
PUBLIC HEARINGS
Page 3 of 166
2. FY 2021 Sidewalk Repair Assessment Program -Zone 10, Contract No. 1018.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract, etc.,
and authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer bids to City
Engineer for review.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
3. Purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System
Updates.
Motion to receive and file proof of publication and notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, bid documents, etc., and authorizing to
proceed.
Motion to receive, file, and instruct City Clerk to read bids.
Resolution awarding bid to MTI Distributing, Inc., of Brooklyn Center, Minnesota in the
amount of$63,561.57.
Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager
4. Sale and conveyance of city owned property located at 120 Center Street, in the
amount of $1.00, to Perfect Match Properties, LLC, including a Development
and Minimum Assessment Agreement, for the development of a 7,280 square-
foot building.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution authorizing the sale and conveyance of city owned property located at 120
Center Street, to Perfect Match Properties, LLC, in the amount of $1.00, and
authorizing the Mayor and City Clerk to execute said documents.
Resolution approving a Development and Minimum Assessment Agreement, with
Perfect Match Properties, LLC, for the development of a 7,280 square-foot
building, and authorizing the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning and Development Director
RESOLUTIONS
5. Resolution approving FY 2021 Grant Agreement with the Iowa Department of
Transportation Aviation Bureau Commercial Service Vertical Infrastructure Program,
Contract No. 22634, Project No. 9-1-210-ALO-200, in the amount of $67,090, for
additional Waterloo Regional Airport Hangar Improvements, and authorizing the Mayor
and City Clerk to execute said document.
Submitted By: Keith Kaspari, Airport Director
6. Resolution accepting a Quit Claim Deed for the sewer lift station property located at
3931 Texas Street, from Black Hawk County, in the amount of $1.00, and authorizing
the Mayor and City Clerk to execute said documents.
Page 4 of 166
Submitted By: Noel Anderson, Community Planning and Development Director
7. Resolution supporting the application by Black Hawk Contracting & Development Co.,
for the Iowa Workforce Housing Tax Incentives Program, to construct four (4) new
single family homes, three (3) homes located on Lots 2, 3 and 4 of Baltimore Field 1st
Addition and one (1) on the easterly part of Lot 2 of Crossroads Estates Replat No. 5,
as Project Number 17-WHTIP-045, replacing previously approved lots 1, 4, 5 and 6 of
Hillside Addition, with a local match of the City Limits Urban Revitalization Area
(CLU RA) tax abatement for each property, and rescinding Resolution No. 2019-145.
Submitted By: Noel Anderson, Community Planning and Development Director
8. Resolution approving an amendment to the Development Agreement with Goldfinch
S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for
redevelopment of a residential property located at 1332 Walker Street, and authorizing
the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
9. Resolution approving an amendment to the Development Agreement with Goldfinch
S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for
completition of a residential property, located at 1804 E. 4th Street, and authorizing the
Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution approving a Cooperative Agreement with Black Hawk County, in conjunction
with construction of the Shaulis Road Trail Extension Phase II Project, and authorizing
the Mayor to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
11. Resolution approving a Memorandum of Understanding for Recreational Trail
Maintenance with Black Hawk County Conservation, in conjunction with the Shaulis
Road Trail Extension Phase II Project, and authorizing the Mayor to execute said
document.
Submitted By: Noel Anderson, Community Planning and Development Director
12. Resolution approving construction plans for sanitary sewer, storm sewer and paving
serving the Audubon Heights 7th Addition, as submitted by Wayne Claassen
Engineering and Surveying, Inc., of Waterloo, Iowa, and Sewage Treatment
Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and
final acceptance of construction plans, subject to the review and acceptance by the
Department of Natural Resources, and authorizing the Mayor to execute said
documents.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
ORDINANCES
13. Codification of the City of Waterloo Traffic Code of Ordinances.
Motion to receive, file, consider, and pass for the second time an ordinance adopting
the 2020 Traffic Code of the City of Waterloo, Iowa.
Motion to suspend the rules.
Page 5 of 166
Motion to receive, file, consider, and pass for the third time and adopt said ordinance.
Submitted By: Kelley Felchle, City Clerk
14. An ordinance amending the City of Waterloo Traffic Code by adding section
580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays: 400 block of
Janney Avenue.
Motion to receive, file and consider and pass for the first time an ordinance amending
the City of Waterloo Traffic Code by adding Section 580C, No Parking Both Sides 5:00
p.m. to 8:30 p.m., Wednesdays - when signs are erected in each block, or portion
thereof, giving notice, no person shall park a vehicle at any time on Wednesdays from
5:00 p.m. to 8:30 p.m. within the district and upon any of the streets or portions thereof
as named herein: both sides of the 400 block of Janney Avenue.
Motion to suspend the rules.
Motions to consider and pass for the second and third times and adopt said ordinance.
Submitted By: Sandie Greco, Traffic Operations Director
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
3:30 p.m. Council Work Session, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Airport Board Meeting Minutes, July 28, 2020.
2. Board of Adjustment minutes of March 24, 2020 (revised).
3. Leisure Services Commission Meeting minutes of August 11, 2020.
Page 6 of 166
CITY OF WATERLOO
Council Communication
Minutes of September 21, 2020, Regular Session, as proposed.
City Council Meeting: 9/28/2020
Prepared:
ATTACHMENTS:
Description Type
U Minutes of September 21, 2020 Backup Material
Submitted by: Submitted By:
Page 7 of 166
September 21, 2020
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers,
Waterloo, Iowa, at 5:30 p.m., on Monday, September 21, 2020. Mayor Pro-Tem Juon in the Chair. Roll Call:
Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein and Mr. Boesen were present.
Mr. Amos was absent.
Prayer or Moment of Silence.
Pledge of Allegiance: Margaret Klein, Ward I Council Member
159107 - Morrissey/Grieder
that the Agenda, as proposed, for the Regular Session on Monday, September 21, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
159108 - Morrissey/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, September 14, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Proclamation declaring September 25, 2020 as Disabled American Veterans Day.
ORAL PRESENTATIONS
Mr. Grieder commented that on September 4, 2020 a federal eviction moratorium went into effect.
He shared that tenants can receive free legal advice from the following website hellolandlord.org.
He requested a work session in the coming weeks on what the plan is for the Crossroads Mall as
another anchor of the mall announced its closure.
Mr. Morrissey commented that the council will have a work session resuming discussion of Title 1
and requested the City Clerk provide an overview of what that session would entail. He commented
on the raising of the Virden Creek Levy and that he has received questions regarding flood insurance
for people who were formally affected prior to the raising of the levy. He questioned if those homes
would now be taken out of the flood plain.
Kelley Felchle, City Clerk, provided an overview of what will be discussed at the work session.
Jamie Knutson, City Engineer, explained that the final step to occur is that the city will need to
submit paperwork to FEMA which council will need to approve, in order for FEMA to make the
changes to the floodplain map.
Mr. Morrissey commented that all of the council members received correspondence from the City
Engineer regarding mud jacking. He stated that there is a difference of opinion on whether mud
jacking is a viable option. Mr. Morrissey commented that it is a cost saving alternative to replacing
a section of sidewalk.
159109 - KleinBoesen
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159110 - Morrissey/Grieder
that the following items on the consent agenda be received,placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated September 21,
2020, in the amount of$2,292,028.26 a copy of which is on file in the City Clerk's office,
together with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2020-709.
Page 8 of 166
September 21, 2020 Page 2
2. Resolution approving preliminary specifications, bid documents, form of contract, etc., in
conjunction with the rental of one (1) and/or two (2) motor graders to support snow removal
operations, setting date of bid opening as October 8, 2020 and date of public hearing as
October 12, 2020, and instructing the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-710.
3. Resolution approving preliminary specifications,bid documents etc., setting date of bid
opening as October 8, 2020 and date of public hearing as October 12, 2020, in conjunction
with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and instruct
the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-711.
4. Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount
of$254,230.32, and approving the contract,bonds and certificate of insurance, in
conjunction with the Waterloo Regional Airport, Water Main Improvements - Phase I
Project, Contract No. 1033, and authorizing the Mayor and City Clerk to execute said
documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-712.
5. Resolution approving request of James Woodard for a waiver for a concrete driveway,
located at Parcel ID 8912-19-304-007 (lot south of 235 Lewis Street), and authorize the
construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way
on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2020-713.
6. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Service Roofing, of Waterloo, Iowa, at a total cost of$239,500, in
conjunction with the Fire Station No. 1 Roof Replacement Project, and authorizing the
Mayor to execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-714.
7. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Henkel Construction Company, of Mason City, Iowa, in the amount
of$253,406.20, in conjunction with the 5 Sullivan Brothers Convention Center Kitchen
Improvement Project, and authorizing the Mayor to execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-715.
8. Resolution setting date of public hearing as October 5, 2020 on the proposed reallocation of
not to exceed$250,000 Unspent Proceeds of the General Obligation Bonds, Series 2018B,
and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-716.
9. Resolution approving renewal of Crime and Fidelity insurance effective September 15, 2020,
in the amount of$3,663.
Resolution adopted and upon approval by Mayor assigned No. 2020-717.
10. Resolution approving cancellation of assessment for 414 Forest Avenue, in the amount of
$1,572.36 and 120 Hawthorne Avenue, in the amount of$144.42, and authorize the City
Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2020-718.
b. Motion to approve the following:
Page 9 of 166
September 21, 2020 Page 3
1• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunda
a. Hy-Vee C-Store#4, B Wine/C Beer Renewal 10/31/2021 x
3700 University Avenue
b. Us Neighborhood Grill & Bar, C Liquor w/Outdoor Renewal 11/5/2021 x
3550 Kimball Avenue Sales
c. Rudy's Tacos-Beer Hall-Lava C Liquor Renewal 9/27/2021
Loun e, 2401 Falls Avenue
d. Wal-Mart Supercenter#1496, B Wine/C Beer/E Renewal 9/30/2021 x
1334 Flammang Drive Liquor
2. Motion approving Change Order No. 5 from Peters Construction Corporation of Waterloo, Iowa, for a
net increase of$16,376.41, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition
Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document.
3. Motion to accept and place on file the arbitrage test results reflecting that no payment is due to the
Internal Revenue Service for the General Obligation Bonds Series 2015A.
4. Motion approving Change Order No. 2 from Aspro, Inc., of Waterloo, Iowa, for a net increase of
$115,205.27, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and
authorizing the Mayor and City Clerk to execute said document.
5. Fireworks Display at the National Cattle Congress for the Hairball Concert on September 26, 2020
from approximately 8:00 p.m. to 10:00 p.m.
6. Bonds.
Roll call vote-Ayes: Six. Motion carried.
PUBLIC HEARINGS
159111 - Morrissey/Grieder
that proof of publication of notice of public hearing on Request by Peters Construction, Corp., for a
Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning District to allow for a new
funeral home and crematorium in the existing building,plus a 10,175 square-foot addition located at
4140 Kimball Avenue, as published in the Waterloo Courier on September 11, 2020,be received and
placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
Eric Locke, 1420 Olympic Drive, explained that they are seeking council approval to allow them to
renovate and expand 4140 Kimball Avenue. They are planning to begin construction this fall with
the hopes of opening in fall of next year.
159112 - Morrissey/Grieder
that the hearing be closed and oral comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Six.
Motion carried.
159113 - Morrissey/Grieder
that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Peters
Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning
District, for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot
addition located at 4140 Kimball Avenue", be received, placed on file, considered and passed for the
first time. Roll call vote-Ayes: Six. Motion carried.
Page 10 of 166
September 21, 2020 Page 4
159114 - Morrissey/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Motion carried.
159115 - Morrissey/Grieder
that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Peters
Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning
District, for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot
addition located at 4140 Kimball Avenue", be considered and passed for the second and third times
and adopted. Roll call vote-Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5574.
159116 - Feuss/Grieder
that proof of publication of notice of public hearing on sale and conveyance of City owned property
located north of 3488 Wagner Road, in the amount of$1.00, to Steege Investments, LLC, including a
Development and Minimum Assessment Agreement, for the development of a 12,000 square-foot
building, as published in the Waterloo Courier on September 11,2020,be received and placed on file.
Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
159117 - Feuss/Grieder
that the hearing be closed. Voice vote-Ayes: Six. Motion carried.
159118 - Feuss/Grieder
that "Resolution authorizing the sale and conveyance of City owned property located north of 3488
Wagner Road, in the amount of$1.00, to Steege Investments, LLC, and authorizing the Mayor and
City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-719.
159119 - Feuss/Grieder
that "Resolution approving a Development and Minimum Assessment Agreement between Steege
Investments, LLC and the City of Waterloo, Iowa, in conjunction with the construction of a 12,000
square-foot building, and authorizing the Mayor and City Clerk to execute said documents, and
authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes:
Six. Motion carried.
Noel Anderson,Community Planning and Development Director,provided an overview of the project.
Resolution adopted and upon approval by Mayor assigned No. 2020-720.
159120 - Grieder/Morrissey
that proof of publication of notice of public hearing on codification of the City of Waterloo Traffic
Code of Ordinances, as published in the Waterloo Courier on September 11, 2020, be received and
placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
159121 - Grieder/Morrissey
Page 11 of 166
September 21, 2020 Page 5
that the hearing be closed. Voice vote-Ayes: Six. Motion carried.
159122 - Grieder/Morrissey
that"an ordinance adopting the 2020 Traffic Code of the City of Waterloo, Iowa",be received,placed
on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried.
159123 - Grieder/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Five. Nays: One (Klein). Motion failed.
RESOLUTIONS
159124 - Grieder/Morrissey
that"Resolution adopting a face mask mandate for the City of Waterloo', be adopted. Roll call vote-
Ayes: Four. Nays: Two (Klein and Boesen). Motion carried.
Mr. Grieder provided an overview of the item and explained that the resolution will extend the mask
mandate for another six weeks.
Mr. Boesen commented that he supports wearing a mask but that the resolution has no enforcement
and without that he is not in favor of the resolution. He explained that the resolution pits businesses
against one another and until there is a federal or state mandate, he will not be supporting the
resolution.
Forest Dillavou, 1725 Huntington Road, commented that he supports wearing a mask and social
distancing, except when that was not happening at a recent council meeting. He stated two people got
COVID after that meeting.
Mr. Morrissey commented that the current mandate expires in a week and he hopes that the resolution
extending the mandate for another six weeks passes with a full vote of the council.
Mrs.Klein commented that adults elected members to the council and that they do not need the council
telling them what to do. She explained that forcing people to be police officers in their businesses is
not appropriate.
Mrs. Juon commented that she supports a mask mandate.
Dawn Henry, 2121 W. 7th Street, commented that she is a nurse and supports wearing a mask. She
explained that the public health department should be making mandates not the city council.
Resolution adopted and upon approval by Mayor assigned No. 2020-721.
159125 - Grieder/Morrissey
that "Resolution approving a Community Assistance Grant Contract with the Iowa Department of
Natural Resources, in conjunction with the Asbestos Abatement Reimbursement Program, for an
abandoned property located at 120 Center Street, in the amount of $6,290, and authorizing the
Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-722.
159126 - Klein/Boesen
that "Resolution approving an Architectural Services Agreement with Align Architecture and
Planning of Waterloo, Iowa, in the amount of$3,500, plus mileage and printing costs, in conjunction
with the evaluation of the Dunsmore House, 902 Logan Avenue, and authorizing the Mayor and City
Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried.
Page 12 of 166
September 21, 2020 Page 6
Mr. Boesen requested an overview.
Noel Anderson explained that a more in-depth study is needed for determining whether the house can
be converted into a home or office.
Mr. Morrissey questioned if the dollars are coming out of a CIP request.
Noel Anderson confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2020-723.
159127 - Klein/Boesen
that "Resolution approving a Development Agreement with GBS Development, LLC, for the
construction of up to twelve (12) two-unit residential buildings, for a total of up to twenty-four (24)
units, located north of 669 S. Hackett Road, including a Development Grant of$5,000 per unit, and
authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes:
Six. Motion carried.
Mr. Boesen requested an overview.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2020-724.
ADJOURNMENT
159128 - Boesen/Klein
that the Council adjourn at 6:19 p.m. Voice vote-Ayes: Six. Motion carried.
Kelley Felchle
City Clerk
Page 13 of 166
CITY OF WATERLOO
Council Communication
Donation and First Responder print presentation by the Waterloo Community Foundation
City Council Meeting: 9/28/2020
Prepared:
Submitted by: Submitted By:
Summary Statement: Michelle Temeyer, Executive Director will be presenting a donation and First
Responder prints to the Mayor, Police Chief and Fire Chief
Page 14 of 166
CITY OF WATERLOO
Council Communication
Resolution approving the UCR Technical Specification Sub-award Agreement with the Iowa Department of
Public Safety, in the amount of$500, to assist in updating the UCR records reporting system for the Police
Department, and authorizing the Mayor to execute said document.
City Council Meeting: 9/28/2020
Prepared: 9/22/2020
ATTACHMENTS:
Description Type
❑ Subaward Recipient Agreement Appendices Cover Memo
❑ Waterloo PD Subaward Recipient Agreement Cover Memo
Resolution approving the UCR Technical Specification Sub-award
SUBJECT: Agreement with the Iowa Department of Public Safety, in the amount of
$500, to assist in updating the UCR records reporting system for the Police
Department, and authorizing the Mayor to execute said document.
Submitted by: Submitted By:Dave Mohhs, Police Captain
Recommended Action: Acceot grant and approve the Subaward Recipient Agreement.
This is a one-time, zero match, $500, sub-award grant from the Bureau of
Summary Statement: Justice Statistics, for funding local law enforcement agencies to improve
incident based crime reporting.
Expenditure Required: None
Source of Funds: Grant Funds
Page 15 of 166
0
U.S. DEPARTMENT OF JUSTICE
CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant
or cooperative agreement, I certify under penalty of perjury to the U.S.
Department of Justice ("Department") , that all of the following are true
and correct:
(1) I have the authority to make the following representations on behalf
of myself and the Applicant. I understand that these representations will
be relied upon as material in any Department decision to make an award to
the Applicant based on its application.
(2) I certify that the Applicant has the legal authority to apply for the
federal assistance sought by the application, and that it has the
institutional, managerial, and financial capability (including funds
sufficient to pay any required non-federal share of project costs) to plan,
manage, and complete the project described in the application properly.
(3) I assure that, throughout the period of performance for the award (if
any) made by the Department based on the application--
a. the Applicant will comply with all award requirements and
all federal statutes and regulations applicable to the
award;
b. the Applicant will require all subrecipients to comply
with all applicable award requirements and all
applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any
organizational conflict of interest, and also to prohibit
employees from using their positions in any manner that poses, or
appears to pose, a personal or financial conflict of interest.
(4) The Applicant understands that the federal statutes and regulations
applicable to the award (if any) made by the Department based on the
application specifically include statutes and regulations pertaining to
civil rights and nondiscrimination, and, in addition--
a. the Applicant understands that the applicable statutes
pertaining to civil rights will include section 601 of the Civil
Rights Act of 1964 (42 U.S.C. § 2000d) ; section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794) ; section 901 of the
Education Amendments of 1972 (20 U.S.C. § 1681) ; and section 303
of the Age Discrimination Act of 1975 (42 U.S.C. § 6102) ;
b. the Applicant understands that the applicable statutes
pertaining to nondiscrimination may include section 809 (c) of
Title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. § 10228 (c) ) ; section 1407 (e) of the Victims of
Crime Act of 1984 (34 U.S.C. § 20110 (e) ) ; section 299A(b) of the
Juvenile Justice and Delinquency Prevention Act of 2002 (34
U.S.C. § 11182 (b) ) ; and that the grant condition set out at
section 40002 (b) (13) of the Violence Against Women Act (34
U.S.C. § 12291 (b) (13) ) , which will apply to all awards made by
Page 16 of 166
the Office on Violence Against Women, also may apply to an award
made otherwise;
c. the Applicant understands that it must require any subrecipient
to comply with all such applicable statutes (and associated
regulations) ; and
d. on behalf of the Applicant, I make the specific assurances set
out in 28 C.F.R. §§ 42.105 and 42.204.
(5) The Applicant also understands that (in addition to any applicable
program-specific regulations and to applicable federal regulations that
pertain to civil rights and nondiscrimination) the federal regulations
applicable to the award (if any) made by the Department based on the
application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ
"Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality -
research and statistical information) , 23 (criminal intelligence systems) , 38
(regarding faith-based or religious organizations participating in federal
financial assistance programs) , and 46 (human subjects protection) .
(6) I assure that the Applicant will assist the Department as necessary
(and will require subrecipients and contractors to assist as necessary)
with the Department's compliance with section 106 of the National Historic
Preservation Act of 1966 (54 U.S.C. § 306108) , the Archeological and
Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508) , and the
National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335) , and 28
C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands) .
(7) I assure that the Applicant will give the Department and the
Government Accountability Office, through any authorized representative,
access to, and opportunity to examine, all paper or electronic records
related to the award (if any) made by the Department based on the
application.
(8) If this application is for an award from the National Institute of
Justice or the Bureau of Justice Statistics pursuant to which award funds
may be made available (whether by the award directly or by any subaward
at any tier) to an institution of higher education (as defined at 34
U.S.C. § 10251 (a) (17) ) , I assure that, if any award funds actually are
made available to such an institution, the Applicant will require that,
throughout the period of performance--
a. each such institution comply with any requirements that are
imposed on it by the First Amendment to the Constitution of
the United States; and
b. subject to par. a, each such institution comply with its own
representations, if any, concerning academic freedom, freedom
of inquiry and debate, research independence, and research
integrity, at the institution, that are included in
promotional materials, in official statements, in formal
policies, in applications for grants (including this award
application) , for accreditation, or for licensing, or in
submissions relating to such grants, accreditation, or
licensing, or that otherwise are made or disseminated to
students, to faculty, or to the general public.
(9) I assure that, if the Applicant is a governmental entity, with respect
to the award (if any) made by the Department based on the application--
a. it will comply with the requirements of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
Page 17 of 166
§§ 4601-4655) , which govern the treatment of persons displaced as
a result of federal and federally-assisted programs; and
b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and
7324-7328, which limit certain political activities of State
or local government employees whose principal employment is in
connection with an activity financed in whole or in part by
federal assistance.
(10) If the Applicant applies for and receives an award from the Office of
Community Oriented Policing Services (COPS Office) , I assure that as
required by 34 U.S.C. § 10382 (c) (11) , it will, to the extent practicable and
consistent with applicable law--including, but not limited to, the Indian
Self-Determination and Education Assistance Act--seek, recruit, and hire
qualified members of racial and ethnic minority groups and qualified women
in order to further effective law enforcement by increasing their ranks
within the sworn positions, as provided under 34 U.S.C. § 10382 (c) (11) .
(11) If the Applicant applies for and receives a DOJ award under the STOP
School Violence Act program, I assure as required by 34 U.S.C. § 10552 (a) (3) ,
that it will maintain and report such data, records, and information
(programmatic and financial) as DOJ may reasonably require.
I acknowledge that a materially false, fictitious, or fraudulent statement
(or concealment or omission of a material fact) in this certification, or in
the application that it supports, may be the subject of criminal prosecution
(including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-
10273) , and also may subject me and the Applicant to civil penalties and
administrative remedies for false claims or otherwise (including under 31
U.S.C. §§ 3729-3730 and 3801-3812) . I also acknowledge that the Department's
awards, including certifications provided in connection with such awards,
are subject to review by the Department, including by its Office of the
Inspector General.
Page 18 of 166
U.S. DEPARTMENT OF JUSTICE
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are
required to attest. Applicants should also review the instructions for certification included in the
regulations before completing this form. The certifications shall be treated as a material representation
of fact upon which reliance will be placed when the U.S. Department of Justice ("Department")
determines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and
assures (to the extent applicable)the following:
(a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, or the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement;
(b)If the Applicant's request for Federal funds is in excess of$100,000, and any funds other than
Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with this Federal
grant or cooperative agreement, the Applicant shall complete and submit Standard Form - LLL,
"Disclosure of Lobbying Activities" in accordance with its (and any DOJ awarding agency's)
instructions; and
(c)The Applicant shall require that the language of this certification be included in the award
documents for all subgrants and procurement contracts (and their subcontracts)funded with Federal
award funds and shall ensure that any certifications or lobbying disclosures required of recipients of
such subgrants and procurement contracts (or their subcontractors) are made and filed in
accordance with 31 U.S.C. § 1352.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2
C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective
participants in a primary tier"covered transaction," as defined at 2 C.F.R. § 2867.20(a), that neither it nor
any of its principals—
(a)is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b)has within a three-year period preceding this application been convicted of a felony criminal
violation under any Federal law, or been convicted or had a civil judgment rendered against it for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, tribal, or local) transaction or private agreement or transaction;
Page 19 of 166
violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,
falsification or destruction of records, making false statements, tax evasion or receiving stolen
property, making false claims, or obstruction of justice, or commission of any offense indicating a
lack of business integrity or business honesty that seriously and directly affects its (or its principals')
present responsibility;
(c)is presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, tribal, or local)with commission of any of the offenses enumerated in paragraph
(b)of this certification; and/or
(d) has within a three-year period preceding this application had one or more public transactions
(Federal, State, tribal, or local)terminated for cause or default.
B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach
an explanation to this application. Where the Applicant or any of its principals was convicted, within
a three-year period preceding this application, of a felony criminal violation under any Federal law,
the Applicant also must disclose such felony criminal conviction in writing to the Department(for OJP
Applicants, to OJP at Oipcompliancereporting(ab_usdoi.gov; for OVW Applicants, to OVW at
OVW.GFMD(abusdoi.gov; or for COPS Applicants, to COPS at AskCOPSRC(a_usdoi.aov), unless
such disclosure has already been made.
3. FEDERAL TAXES
A. If the Applicant is a corporation, it certifies either that (1)the corporation has no unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been exhausted
or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, or(2)the corporation has provided written notice of such an
unpaid tax liability(or liabilities)to the Department(for OJP Applicants, to OJP at
Oipcompliancereporting(a�-usdoi.gov; for OVW Applicants, to OVW at OVW.GFMD(ab_usdoi.gov; or for
COPS Applicants, to COPS at AskCOPSRC(cDusdoi.gov).
B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach
an explanation to this application.
4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F,
for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650:
A. The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by—
(a)Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in its workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
(b)Establishing an on-going drug-free awareness program to inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs;and
Page 20 of 166
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring inthe workplace;
(c)Making it a requirement that each employee to be engaged in the performance of the award be
given a copy of the statement required by paragraph (a);
(d)Notifying the employee in the statement required by paragraph (a)that, as a condition of
employment under the award, the employee will—
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of the employee's conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after
such conviction;
(e)Notifying the Department, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title of any such
convicted employee to the Department, as follows:
For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530;
For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice
Programs,ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531.
Notice shall include the identification number(s)of each affected award;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended;
or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency; and
(g)Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
5. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING
PROGRAMS
As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. §
10382(c)(5), if this application is for a COPS award, the Applicant certifies that there has been
appropriate coordination with all agencies that may be affected by its award. Affected agencies may
include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or
correctional agencies.
I acknowledge that a materially false, fictitious, or fraudulent statement(or concealment or omission of a
material fact) in this certification, or in the application that it supports, may be the subject of criminal
prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and
also may subject me and the Applicant to civil penalties and administrative remedies for false claims or
otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). 1 also acknowledge that the
Department's awards, including certifications provided in connection with such awards, are subject to
review by the Department, including by its Office of the Inspector General.
Page 21 of 166
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
Ela. contract �a. bid/offer/application Ela. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
❑ Prime ❑ Subawardee and Address of Prime:
Tier if known: Iowa Department of Public Safety
215 East 7th Street
Des Moines,IA 50319
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
Bureau of Justice Statistics
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
(if individual. last name. first name. MII: different from No. 1Oa)
None (last name. first name. Ml):
None
11Information requested through this form is authorized by title 31 U.S.C. section
.1352. This disclosure of lobbying activities is a material representation of fact Signature:
upon which reliance was placed by the tier above when this transaction was made
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name:
information will be reported to the Congress semi-annually and will be available for
public inspection. Any person who fails to file the required disclosure shall be Title:
subject to a civil penalty of not less that$10,000 and not more than$100,000 for
each such failure. Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only: Standard Form LLL(Rev.7 97)
Page 22 of 166
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal
action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreementto make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employeeof
Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Complete all items that applyfor both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter
the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District, if known.Check the appropriate classification
of the reporting entitythat designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee
of the prime is the 1 st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizational level below agency name,if known.For
example,Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance
(CFDA)number for grants,cooperative agreements,loans,and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name,and
Middle Initial(MI).
11. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
According to the Paperwork Reduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington,
DC 20503.
Page 23 of 166
Kim Reynolds Department of Public Safety
Governor 'J
Adam Gregg j, Stephan K. Bayens
Lt. Governor 1'.v. Commissioner
September 21, 2020
Waterloo Police Department
Ms. Wendy Drinovsky
715 Mulberry Street
Waterloo, IA 50703
RE: UCR Technical Specification Subaward Agreement
Dear Ms. Wendy Drinovsky:
Enclosed, please find the UCR Technical Specification Subaward Recipient Agreement for the National
Crime Statistics Exchange (NCS-X) Award. To accept the subaward on behalf of your agency,the
following documents must be signed and returned:
(1) Subaward Recipient Agreement
(2) Standard Assurances
(3) Certifications Regarding Lobbying, Debarment, Suspension & other Responsibility Matters;
Drug-Free Workplace Requirements; Federal Debt Status, and Nondiscrimination Status and
Implementing Regulations
(4) Disclosure of Lobbying Activities
Please contact me at loynacha@dps.state.ia.us or(515) 725-6251 with any questions.
Thanks,
jnotZI �. 00OJ'-
Tracy
Loynachan, UCR Program Manager
Program Services Bureau,Administrative Services Division
ADMINISTRATIVE SERVICES DIVISION • 215 EAST 7T"STREET • DES MOINES, IOWA 50319-0040 • 515-725-6230
Integrity, Fairness, Respect, Honesty, Courage, Compassion, Service
Page 24 of 166
NATIONAL CRIME STATISTICS EXCHANGE (NCS-X)
UCR TECHNICAL SPECIFICATION SUBAWARD RECIPIENT AGREEMENT
This Subaward Recipient Agreement is effective September 21, 2020, by and between Waterloo Police
Department and the Iowa Department of Public Safety.
Purpose
The Bureau of Justice Statistics (BJS) has awarded National Crime Statistic Exchange (NCS-X) funding to
federal, state, and local law enforcement agencies to improve incident-based crime reporting and national
crime statistics. As part of this initiative,the Iowa Department of Public Safety (DPS) has received funding
to develop a new state crime repository for award 2019-FU-CX-K014. DPS has made the unobligated
balance of grant funds available to law enforcement agencies for the sole purpose of updating local agency
records management systems to conform to the new Iowa UCR technical specification.
Scope of Service
The services carried out under this agreement shall be consistent with those contained in the agency UCR
Technical Specification Subaward Application and approved by DPS. As stated in the application,Waterloo
Police Department shall implement changes to the local records management system (RMS) and achieve
certification by the Iowa UCR program. Certification is achieved once an agency submits three consecutive
months of crime data in the new technical specification with an error rate of less than four(4) percent for
each month. Any changes to the agency timeline must be communicated to the UCR Program Manager.
All requirements must be met no later than September 30, 2021.
Reprogramming of Funds
Reprogramming of funds is not allowable under the Subaward Recipient Agreement.
Requirement to Report Potentially Duplicative Funding
If Waterloo Police Department currently has other active awards of federal funds, or if Waterloo Police
Department receives any other award of federal funds during the period of performance for this award,
Waterloo Police Department promptly must determine whether funds from any of those other federal
awards have been, are being, or are to be used (in whole or in part)for one or more of the identical cost
items for which funds are provided under this award. If so, the Waterloo Police Department must
promptly notify the DPS in writing of the potential duplication, and, if so requested by the DPS or by the
BJS, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
Invoicing
Waterloo Police Department shall invoice the Iowa Department of Public Safety once satisfying all
requirements related to the Subaward Recipient Agreement, including achievement of agency
certification. Waterloo Police Department shall submit one original signed invoice along with supportive
documentation to the Iowa Department of Public Safety for reimbursement. Supportive documentation
shall consist of proof of payment.
Reporting Requirements
All participants may be required to prepare a final report of their agency's expenditures, which shall be
submitted to the UCR Program Manager within 30 days of close of the program fiscal year. Failure to
submit reports on a timely basis may result in the interruption or termination of the initiative funding for
your agency.
Page 25 of 166
Program Standards
Each agency agrees to abide by the policies established by the state UCR program, including timely
submission of crime data as outlined in Iowa Code § 692.15 Updated program policy will be furnished to
each participant.
Assurances
Each agency agrees to abide by the terms and conditions set out in U.S. Department of Justice Certified
Standard Assurances (Appendix A) and U.S. Department of Justice Certifications regarding Lobbying,
Debarment, Suspension and Other Responsibility Matters; Drug Free Work Place Requirements; Federal
Debt Status and Nondiscrimination Statutes and Implementing Regulations (Appendix B). Each agency will
also submit a signed OMB form, Disclosure of Lobbying Activities (Appendix C).
Debarred,Suspended, and Ineligible Status
Waterloo Police Department certifies that they have not been debarred, suspended, or declared ineligible
by any agency of the State of Iowa or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1
Subpart 9.4. Waterloo Police Department will immediately notify the State if they are debarred by the
State or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors by a federal
entity.
Audit
If required, an audit report and management letter must be submitted to the Iowa Department of Public
Safety, Finance Bureau in accordance with the OMB Circular A-133, "Audits of State and Local
Governments and Nonprofit Organizations."
Acceptance
Acceptance of this agreement by the participating agency is acceptance of all standards and conditions
of the NCS-X Award, included as Appendix A, B, and C.
Page 26 of 166
Participating Agency:
Contact Information: Issue Payment To:
Ms. Wendy Drinovsky Waterloo Police Department
Waterloo Police Department 715 Mulberry Street
715 Mulberry Street Waterloo, IA 50703
Waterloo, IA 50703
319-291-4500 EIN:
drinovskyw@waterloopolice.com
Participating Agency:
Waterloo Police Department
Printed Name and Title Date
Signature Date
Fiscal Agent:
Contact Information:
Tracy Loynachan
Iowa Department of Public Safety
Program Services Bureau,Administrative Services Division
th
215 East 7 Street
Des Moines, IA 50309
515-725-6251 phone
515-508-0457 cell
loynacha@dps.state.ia.us
Fiscal Agent:
Iowa Department of Public Safety
James Wittenwyler, Director Date
Administrative Services Division
Page 27 of 166
CITY OF WATERLOO
Council Communication
Resolution approving Completion of Project and Recommendation of Acceptance of Work for work
performed by Spohn Ranch, Inc., of Los Angeles, California, at a total cost of$358,977, in conjunction with
the Riverside Skate Park Project.
City Council Meeting: 9/28/2020
Prepared: 9/22/2020
Resolution approving Completion of Project and Recommendation of
SUBJECT: Acceptance of Work for work performed by Spohn Ranch. Inc.. of Los
Angeles. California, at a total cost of$358,977, in conjunction with the
Riverside Skate Park Project.
Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services
Recommended Action: It is recommended that the project be accepted and that Council approve the
"Statement of Completion and Final Acceptance of Work".
Summary Statement: I report that Spohn Ranch, Inc., of Los Angeles California, has completed
the above referenced project in accordance with the plans and specifications.
Policy Issue: Strategy 4.5: Quality of Place
Page 28 of 166
CITY OF WATERLOO
Council Communication
Request to certify assessment to 215 Oneida Street, in the amount of$1,350, for work performed by the
Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of
Trustees.
City Council Meeting: 9/28/2020
Prepared: 9/23/2020
ATTACHMENTS:
Description Type
❑ Assessment letter Backup Material
Request to certify assessment to 215 Oneida Street, in the amount of
SUBJECT: $1.350, for work performed by the Waterloo Water Works, together with
recommendation of approval by the Waterloo Water Works Board of
Trustees.
Submitted by: Submitted By: Chad Coon, General Manager, Waterloo Water Works
Adopt a resolution approving communication from the General Manager of
Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts
for work performed by the Waterloo Water Works.
The Board of Trustees of the Waterloo Water Works adopted a resolution at
their September Board meeting, instructing the General Manager to forward
Summary Statement: the request to certify to the City Council of Waterloo, Iowa. The repairs
were made to the private service line of a customer of the Waterloo Water
Works.
No City funds are required for this action. The Waterloo Water Works paid
Expenditure Required: for the repairs to the referenced private water service line, and then recovers
the cost of the repair through this assessment process.
Source of Funds: Waterloo Water Works operating funds, generated primarily from water
sales.
Page 29 of 166
WATERLOO WATER WORKS
CHAD COON 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair
General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair
THOMAS E.WALL
September 23, 2020
Honorable Mayor & Council
City of Waterloo
City Hall
715 Mulberry Street
Waterloo, IA. 50703
Dear Honorable Mayor & Council:
The following is an excerpt from the Board Meeting of the Waterloo Water Works
Trustees held Wednesday, September 16, 2020.
RESOLUTION
WHEREAS, the General Manager, Chad Coon, presented
a statement of $1,350.00, which is supported by invoice from Frickson
Bros. Excavating, showing the work necessary to replace the service
line in regards to the following:
WHEREAS, the owners were notified by the Waterloo Water
Works to repair the service line at 215 Oneida Street, which is located
on the East 15 feet of Lot 10 and the West 30 feet of Lot 11 in Block 5,
in Hammond & Hopkins Addition to the City of Waterloo, Iowa, Black
Hawk County, and owned by Lloyd E. Green and Ada B. Green.
WHEREAS, the property owners notified the Waterloo Water
Works that the owners desired to have the cost of water service line
repair assessed to the property taxes. After conversation with the
owners, the owners voluntarily signed a waiver of any further notice that
may be required to have the Waterloo Water Works cause the work to
be done and related costs assessed to the property.
NOW, THEREFORE BE IT RESOLVED, by the Board of
Trustees of the Waterloo Water Works, that the General Manager shall
certify this statement to the City Clerk and that the Clerk in turn shall
give notice and an assessment made and certified as provided in Title 8
Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City
of Waterloo, Iowa.
Page 30 of 166
Page 2
It was moved by Wall, second by Wienands, to adopt the
resolution and instruct the General Manager to certify this resolution to
the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None.
Absent: None. Resolution adopted.
After this is certified through your office, please send us a copy of the certification as
follow through and reference with the customer.
Respectfully,
WATERLOO WATER WORKS
Chad Coon,
General Manager
CC/cd
Page 31 of 166
CITY OF WATERLOO
Council Communication
Resolution approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2020,
and authorizing transmittal to the Iowa Department of Transportation.
City Council Meeting: 9/28/2020
Prepared: 9/22/2020
ATTACHMENTS:
Description Type
❑ Street Report FYE20 Council Comm Cover Memo
❑ Annual Financial Report for City Streets FYE20 Backup Material
Resolution approving the Annual Financial Report for City Streets, for the
SUBJECT: fiscal year ended June 30. 2020, and authorizing transmittal to the Iowa
Department of Transportation.
Submitted by: Submitted By:Michelle Weidner. Chief Financial Officer
I request that a resolution be adopted approving the Annual Financial Report
Recommended Action: for City Streets for the fiscal year ended June 30, 2020 and authorizing
the transmittal to the Iowa Department of Transportation.
This report summarizes the city's receipts and expenditures relating to streets
Summary Statement: and is required to be filed with the State of Iowa by Iowa Code Chapter
312, Section 14.
Policy Issue: If the report isn't approved by council and filed by September 30, the City's
road use tax payments will be suspended.
This report provides the Iowa Department of Transportation and the Federal
Alternative: Highway Administration with a documented record of receipts and
expenditures made for streets and related activities in the City of Waterloo.
Page 32 of 166
CITY OF WATERLOO , IOWA
CITY CLERK AND FINANCE DEPARTMENT
KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer
Council Communication
Mayor City Council Meeting: September 28, 2020
QUENTIN Prepared: September 22, 2020
HART Dept. Head Signature: Michelle Weidner, CFO
COUNCIL
MEMBERS
SUBJECT: Annual Financial Report for City Streets for the
Fiscal Year Ended June 30, 2020
MARGARET
KLEIN Submitted by: Michelle Weidner, Chief Financial Officer
Ward I
JONATHAN Recommended Cit Council Action: I request that a resolution be adopted
GRIEDER y q p
Ward approving the Annual Financial Report for City Streets for the fiscal year ended
June 30, 2019 and authorizing the transmittal to the Iowa Department of
PATRICK Transportation.
MORRISSEY
Ward Summary Statement: This report summarizes the city's receipts and
JEROME expenditures relating to streets and is required to be filed with the State of Iowa by
AMOS,JR. Iowa Code Chapter 312, Section 14.
Ward 4
Expenditure Required: None
RAY
FEUSS Source of Funds- N/A
Ward S
SHARON Policy Issue: If the report isn't approved by council and filed by
JUON September 30, the City's road use tax payments will be suspended.
At-Large
Alternative: N/A
DAVE
BOESEN Background Information: This report provides the Iowa Department of
At-Large Transportation and the Federal Highway Administration with a documented record
of receipts and expenditures made for streets and related activities in the City of
Waterloo.
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer Page 33 of 166
Street Finance Report for Waterloo 2020
General SpecialRevenues
Debt Capital
Fund Road Utilities Grand
Summary Streets Use Other Service Projects (600& Up) Total
(001) (110) (200) (300)
Begining Balance $26,098,493 $11,117,439 $2,134,588
$39,350,520
Expense $121,788 $14,863,903 $10,323,929 $2,399,868 $2,975,182 $227,427 $30,912,097
Revenue $121,788` $9,269,267 $10,355,955 $2,399,868 $4,912,587 $227,427 $27,286,892
Ending Balance $20,503,857 $11,149,465 $4,071,993
$35,725,315
Resolution Number: 0
Execution Date: 9/28/2020
Signature: Quentin Hart
Page 34 of 166
Street Finance Report for Waterloo 2020
General SpecialRevenues
Fund Road Debt Capital Utilities Grand
Expenses Service Projects
Streets Use Other (600& Up) Total
(001) (110) (200) (300)
Salaries- Roads/Streets $1,029,959 $682,350 $1,712,309
Benefits- Roads/Streets $715,268 $350,673 $1,065,941
Training& Dues $931 $733 $1,664
Building& Grounds Maint. & Repair $19,886 $19,886
Vehicle &Office Equip Operation and Repair $160,847 $5,438 $166,285
Other Maintenance and Repair $13,974 $13,974
Janitorial $10,100 $10,100
Medical $1,663 $1,663
Street Maintenance Expense $1,050,170 $237,032 $1,287,202
Technology Expense $2,052 $11,734 $13,786
Other Professional Services $1,500 $1,500
Other Contract Services $158,500 $158,500
Minor Equipment Purchases $6,539 $1,357 $7,896
Office Supplies $3,055 $3,055
OperatingSupplies $2,932 $2,932
Postage &Safety $2,694 $551 $3,245
Other Supplies $4,575 $1,090 $5,665
Vehicles $960,575 $960,575
Right-of-Way $43,611 $43,611
Bridges&Culverts $89,899 $89,899
Street-Capacity Improvement $6,878,192 $9,032,971< $1,970,996 $17,882,159
Principal Payment $2,136,619 $2,136,619
Interest Payment $262,140 $262,140'
Bond Registration Fees $1,109 $1,109
Parking $121,788 $121,788
Street Lighting $520,802 $520,802
Traffic Control/Safety $1,540,991 $1,540,991
Snow Removal $1,607,842 $1,607,842
Highway Engineering $1,008,704 $1,008,704
Depreciation & Building Utilities $32,828 $32,828
Page 35 of 166
Street Finance Report for Waterloo 2020
Street cleaning $227,427 $227,427
Total $121,788 $14,863,903 $10,323,929 $2,399,868 $2,975,182 $227,427 $30,912,097
Page 36 of 166
Street Finance Report for Waterloo 2020
General SpecialRevenues
Fund Road Debt Capital Utilities Grand
Revenues Service Projects
Streets Use Other (200) (300) (600& Up) Total
(001) (110)
Levied on Property $1,585,368 $1,585,368
TIF Revenues $245,853 $245,853
Other Taxes (Hotel, LOST) $10,237,425 $10,237,425
Licenses & Permits $17,532 $17,532
Interest $78,362 $102,402 $100,184 $280,948
Federal Grants $99,208 $612,887 $712,095
State Revenues- Road Use Taxes $8,792,796
'$8,792,796'
Other State Grants- IDOT $13,190 $48,663 $61,853
Charges/fees $121,788 $267,587 $16,128 $227,427 $632,930
Sale of Property& Merchandise $592 $592
Proceeds from Debt $814,500 $3,905,000 $4,719,500
Total $121,788 $9,269,267 $10,355,955 $2,399,868 $4,912,587 $227,427 $27,286,892
Page 37 of 166
Street Finance Report for Waterloo 2020
Bond/Loan
Principal Total Total Principal Interest Principal
Balance Principal Interest Balance
Description Roads Roads
As of 7/1 Paid Paid As of 6/30
2015A GO $9,430,000 $770,000 $293,581 $110,917 $42,290 $8,660,000
2016A GO $6,485,000 $725,000 $130,900 $177,865 $32,114 $5,760,000
2011A GO $2,715,000 $2,715,000 $44,796 $786,839 $12,982 $0
2012A GO $4,000,000 $675,000 $83,030 $249,785 $30,725 $3,325,000
2013A GO $3,705,000 $390,000 $93,038 $65,781 $15,693 $3,315,000
2014A GO $5,530,000 $850,000 $158,056 $100,322 $18,655 $4,680,000
2014C GO $1,690,000 $550,000 $33,800 $155,192 $9,537 $1,140,000
2017A GO $7,360,000 $795,000 $145,100 $109,490 $19,984 $6,565,000
2018A GO $9,415,000'i $1,290,000 $282,450 $147,272 $32,246 $8,125,000
2020A GO $7,025,000 $0 $0 $0 $0 $7,025,000
2019A GO $6,790,000' $560,000 $194,081 $109,658 $38,004 $6,230,000
2019C GO $2,770,000 $420,000 $33,702 $123,498 $9,910 $2,350,000
Page 38 of 166
Street Finance Report for Waterloo 2020
Description Model Year Usage Type Cost Purchased Status
John Deere 770G Grader 2014 Purchased $193,257 No Change
Tink Bucket Grapple for End Loader 1999 Purchased $6,800 No Change
Deere 260 Skid Loader with 48" Forks, Bucket, Plow 2000 Purchased $33,100 No Change
Angle Broom for Deere 260 Skid Loader 2003 Purchased $5,130 No Change
Caterpillar Reclaimer 1991 Purchased $250,000 No Change
Target Pro 65 Cement Saw 1991 Purchased $8,000 No Change
Caterpillar Vibrator Roller 1991 Purchased $50,000 No Change
Deere 672D 4WD Motor Grader 2009 Purchased
$148,008 No Change
Crafco Trailer-Mounted Crack Sealer'EZ1000EB 2011 Purchased $36,594 No Change
Deere 624K 4WD Loader 2009 Purchased $119,556 No Change
Ferguson 4988 Static Roller 2006 Purchased $38,962 No Change
Deere 770CH Motor Grader 1998 Purchased
$154,900 No Change
Deere 770CH Motor Grader 1998 Purchased $154,900 No Change
Deere 770CH Motor Grader 1998 Purchased $154,900 No Change
Deere310SE Wheel Loader Backhoe w/Tamper Ext 1999 Purchased $66,400No Change
Maurer 20'Tandem Trailer 2000 Purchased $5,365 No Change
Grapple Bucket for End Loaders 2008 Purchased $14,950 No Change
Deere 544J End Loader 2004 Purchased $118,160 No Change
Deere 655K-II 4WD Loader with Bucket 2016 Purchased $113,900 No Change
Freightliner 108SD Dump Truck 2014 Purchased $130,401 No Change
Freightliner 108SD Dump Truck 2014 Purchased $130,401 No Change
International 7300 Single Axle Dump Truck 2019 Purchased $150,964 No Change
International 7300 Single Axle Dump Truck 2019 Purchased $150,964 No Change
Navistar 4700 Oil Distributor with Tank&Sprayer 2002 Purchased $88,807 No Change
Ingersoll Rand PT125R Pneumatic Tire Compactor 1998 Purchased $41,700 No Change
Etnyre Chip Spreader 1999 Purchased $132,925 No Change
Elgin Pelican Street Sweeper Series P 2004 Purchased $108,275 ' No Change
Elgin Pelican Dual Street Sweeper Series P 2004 Purchased $106,000 No Change
Ford F 250 Pickup-White 2000 Purchased $23,402 No Change
Ford F150 Supercab XL-White 2014 Purchased $23,530 No Change
Ford F150 Supercab XL-White 2014 Purchased $24,157 No Change
Ford F150 Supercab XL-White 2014 Purchased $24,157 No Change
Ford SD F350 1 Ton Pickup-White 2016 Purchased $49,981 No Change
Page 39 of 166
Street Finance Report for Waterloo 2020
Ford SD F350 1 Ton Pickup-White 2016 Purchased $49,981 No Change
Elgin Pelican Street Sweeper 2015 Purchased $187,104No Change
Freightliner Dump Truck 2017 Purchased $138,452 No Change
Freightliner Dump Truck 2017 Purchased $138,452' No Change
Freightliner M2106 Asphalt Patcher 2008 Purchased $103,783 No Change
Sno-Go Loader-Mounted Snow Blower 1990 Purchased $38,143 No Change
Freightliner Single Axle Dump Truck M2106V 2009 Purchased $111,538 No Change
Freightliner Single Axle Dump Truck M2106V 2009 Purchased $111,538 No Change
Intl Tandem Dump Truck w/anti-icing system 2010 Purchased $131,533 No Change
Intl 7300 Single Axle Dump Truck 2010 Purchased $113,600'- No Change
Intl 7300 Single Axle Dump Truck 2010 Purchased $113,600 No Change
Elgin Pelican Street Sweeper 2010 Purchased $161,261 No Change
Freightliner M2106V Dump Truck w/anti/icing system 2012 Purchased $134,132 No Change
Freightliner M2106V Dump Truck w/anti/icing system 2012 Purchased $134,132 No Change
Freightliner M2105V Dump Truck w/anti-icing system 2012 Purchased $132,109 No Change
Elgin Pelican Street Sweeper 2011 Purchased $165,352 No Change
Ingersoll Rand 185 Compressor 1990 Purchased $8,008 No Change
Ford F250 Flatbed Truck 1999 Purchased $21,617 Sold
Ford F350 XLS Dually Pickup 2005 Purchased $20,878 No Change
Chevy Colorado 1/2 Ton Pickup-White 2005 Purchased $15,456 No Change
Ford F450-550 White Flatbed Pickup 2003 Purchased $34,092 No Change
Intl 4700 T444E Dump Truck 2001 Purchased $68,064 No Change
Intl 4700 T444E Dump Truck 2001 Purchased $68,064 No Change
Freightliner FL80 Dump Truck 2003 Purchased $75,622 No Change
Freightliner M21106 Dump Truck-Yellow 2004 Purchased $67,962 No Change
Freightliner M2106 Dump Truck-Yellow 2004 Purchased $67,962 No Change
Freightliner M2106 Dump Truck-Yellow 2004 Purchased $67,962 No Change
Freightliner M2106 Dump Truck 2006 Purchased $84,565 ' No Change
Freightliner M2106 Dump Truck 2006 Purchased $84,565 No Change
Freightliner FL70 Dump Truck 2000 Purchased $70,334 Sold
Ford F250 SD SRW Truck 2020 Purchased $32,492 New
Line Lazer IV 5900 with Line Driver HD & Dual Based System 2016 Purchased $11,924 No Change
Line Lazer IV 3900 with Beat Kit (walk behind) 2016 Purchased $5,568 No Change
Ford F750 Digger Derrick 2007 Purchased 1 $122,723 No Change
Page 40 of 166
Street Finance Report for Waterloo 2020
Grand Lazer Paint Machine 2019 Purchased
$5,926 No Change
Ford F250SD SRW 2019 Purchased
$42,713: No Change
Ford F550 Aerial Boom Truck 2018 Purchased
$126,847 No Change
Ford Ranger Pickup 2002 Purchased $15,127 No Change
Pickup Line Striper AL 120 2008 Purchased $32,003 No Change
Ford F750 Truck with Aerial 2004 Purchased $103,027 No Change
FT10 Pan Drop Deck Tilt Trailer 2019 Purchased $6,711 New
PJ 20 Ft Tilt Trailer 2020 Purchased $6,750 New
Ford F550 Service Truck 2019 Purchased
$119,149 New
Deere 332G Skid Steer Loader2019 Purchased $63,990' New
HAMM HD10 Tandem Roller 2018 Purchased $34,683 New
Crafco SS 125DC Melter for Crack Sealing 2020 Purchased $73,570' New
$6,381,610
Page 41 of 166
Street Finance Report for Waterloo 2020
Project Description Contract Price Final Price Contractor Name
FY14 Kimball Ave
Transportation Improvements $5,914,307 $6,242,412 Cedar Valley Corporation
FY18 Street Reconstruction
Program $7,168,904 $6,732,946 Aspro, Inc. &Subsidiaries
FY18 Dubuque Rd over Blowers
Creek Bridge Repairs $334,269 $484,332 'Boulder Contracting, LLC
FY18 Asphalt Overlay Program $3,364,128 $3,294,708 Aspro, Inc. &Subsidiaries
FY19 Street Reconstruction
Program $3,640,090 $3,538,522 Aspro, Inc. &Subsidiaries
Fifth &Sixth Streets Signal
Improvements $500,000 $500,000 KW Electric, Inc.
Osage Rd i& Dubuque Rd Traffic
Safety Impr $180,000 $200,000 KW Electric, Inc.
Page 42 of 166
CITY OF WATERLOO
Council Communication
Resolution approving request of Radoslav Srijemac for a waiver for a concrete driveway, located at 3116
Franklin Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on
city right-of-way on an unimproved street.
City Council Meeting: 9/28/2020
Prepared: 9/21/2020
ATTACHMENTS:
Description Type
❑ DW Wavier 3116 Franklin St Backup Material
Resolution approving request of Radoslav Srijemac for a waiver for a
SUBJECT: concrete driveway located at 3116 Franklin Street, and authorize the
construction of a concrete driveway and placing a driveway or sidewalk on
city right-of-way on an unimproved street.
Submitted by: Submitted By:Jamie Knutson, PE, City Engineer
Recommend for approval by the City Engineer.
This waiver is needed due to the placement of a driveway or sidewalk on
City right-of-way on an unimproved street.
I have reviewed this request and recommend its approval subject to the
following provisions.
Recommended Action: 1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior to
construction.
3. All work shall be performed under the supervision of the City Engineer
and at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal
description have been provided to the City Clerk's office.
UNPLATTED WLOO EAST PART OF SE NE SEC 29 T 89 R 12
Legal Descriptions: COM AT PT 896.4 FT W& 25 FT S OF NE CO R SE NE TH W 50 FT
THS 185 FT TH E 50 FT TH N 185 FT TO PT OF BEG
Page 43 of 166
q WAIVER.
Date:
Honorable Mayor and City Council
City Hall
Waterloo, lA 50703
Council Persons:
I hereby re est a w iver to the driveway and sidewalk specifications for the construction
of a �Y1Gf�T-e— driveway or sidewalk located at
(concrete or asphalt)
3116 FrA nkA lyt �-. .
(Address)
This waiver is needed because of:
special surface texture to be used on the concrete approach(i.e.,exposed aggregate, brick
stamped pattern,paving brick),
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
placement of a driveway or sidewalk on City rlglht-of-way on an unimproved street.
Other:
i
I agree to the following:
I. To remove and replace this driveway to an official elevation at no additional expense to the
City of Waterloo at such time that sidewalk is constructed.
i
2. To remove and replace the private driveway, as needed,to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter Is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of Waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
S. To have the driveway constructed according to the specifications and policies of the City )
Engineer and under his supervision.
6. This waiver is for this property only.
Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of
recording this agreement.
Respectfully submitted,
S aw
Printed Name of Property Owner Signature of Property 6wner
Page 44 of 166
CITY OF WATERLOO
Council Communication
Resolution approving request of Suad Murgic for a waiver for a concrete driveway, located at 1645 Easton
Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements.
City Council Meeting: 9/28/2020
Prepared: 9/21/2020
ATTACHMENTS:
Description Type
❑ DW Waiver 1645 Easton Ave Backup Material
Resolution approving request of Suad Murgic for a waiver for a concrete
SUBJECT: drivewa3, located at 1645 Easton Avenue, with the elimination of the
sidewalk section due to the inability to meet grade requirements.
Submitted by: Submitted By:Jamie Knutson, PE, City Engineer
Recommended Action: Recommended for approval by the City Engineer.
Attached is a request for construction of a concrete driveway with the
elimination of the sidewalk section due to the inability to meet requirements
of the driveway and sidewalk specifications, Section 18, to be located at
1645 Easton Avenue.
I have reviewed this request and recommend its approval subject to the
following provisions:
Summary Statement: 1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior
to construction.
3. All work shall be performed under the supervision of the City
Engineer at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal
description have been provided to the City Clerk's office.
This is a waiver of the City's Standard Specifications for Driveway
Background Information: Construction. It requires Council approval so that it can be recorded to the
property, so that the waiver requirements run with the property ownership.
Legal Descriptions: GOLDEN GARDENS ADDITION LOT 14 BLK 10
Page 45 of 166
WAIVER
Date.
Honorable Mayor and City Council
City Hall
0
Waterloo, IA 60 '03 �CK of wALIC f5 A�vUi
Council Persons: QTS 1�/7bo
I hereby request a waiver to the driveway and sidewalk specifications for the construction
of a driveway or sidewalk located at
(concrete or asphalt)
(Address)
This waiver is needed because of:
special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick
stamped pattern, paving brick).
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
placement of a driveway or sidewalk on City right-of-way on an unimproved street.
Other:
I agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of Waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of Waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
5. To have the driveway constructed according. to the specifications and policies of the City
Engineer and under his supervision.
6. This waiver is for this property only.
Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of
recording this agreement.
Respectfully submitted,
Printed Name of Property Owner Signature of Property Owner
Page 46 of 166
CITY OF WATERLOO
Council Communication
Motion approving Change Order No. 3 from Peterson Contractors, Inc., of Reinbeck, Iowa, for a net
increase of$46,620, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and
authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 9/28/2020
Prepared: 9/23/2020
ATTACHMENTS:
Description Type
❑ Change Order No. 3 Backup Material
Motion approving Change Order No. 3 from Peterson Contractors, Inc., of
SUBJECT: Reinbeck. Iowa, for a net increase of$46,620, in conjunction with the FY
2020 Newell Street RISE Project, Contract No. 991, and authorizing the
Mayor and City Clerk to execute said document.
Submitted by: Submitted By:Matt SchindeL Associate Engineer
Recommended Action: Approve change order
Expenditure Required: $46,620.00
Source of Funds: RISE/TIFF/Local Option
The prepared soil subgrade had several areas of unstable soils during the
Background Information: load test. In order to provide a more stable and uniform subgrade, an
additional 6" of soil will be removed and additional 6" of modified subbase
added.
Page 47 of 166
1DOT
F"«831240 {oz-18) CHANGE ORDER
For local Public Agency Projects
No.:3 Non-Substantial:
Substantia[: F] Administering Office
Concurrence Date
Accounting ID No.(5-digit number): Project Number:RM-8155(765)--9D-07
Contract Work Type:PCC Paving Local Public Agency:City of Waterloo
Contractor:Peterson Contractors,Inc. Date Prepared:9/21/2020
You are hereby authorized to make the following changes to the contract documents.
A-Description of change to be made:
0010-Add Below Grade Excavation for coreout
0050-Add quantity for additional depth of subbase material
B-Reason for change:
The prepared soil subgrade had several areas of unstable soils during proofroll, In order to provide a more stable and uniform
subgrade,an additional 6"of soil will be removed and additional 6"of modified subbase added.
i
I
C-Settlement for cost(s)of change as follows with items addressed in Sections F andlor G:
0130-Contract unit price for below grade excavation-2 times unit price per Section 2102.05
0220-Contract unit price
i
D-Justification for cost(s)(See I.M.3.805,Attachment D,Chapter 2.36,for acceptable justification):
E-Contract time adjustment: ® No Working Days added Working Days added: Unknown at this time
Justification for selection:
Completion Date Project
Page 9 of 2 j
Page 48 of 166
2
k
4
QJ 10WAD0T Accounting ID No.(5-digit number):
Form 831240 (01-1B) Change Order No.:
F-Items included in contract:
Participating For deductions enter as
"-x.xx"
Federal- State- Line Unit Price Quantity Amount
aid aid Number Item Description xx xxx xx
X 0010 Excavation,Class 10,Roadway and Borrow $6.00 1,110.000 $6,660.00
X 0050 Modified Subbase $36.00 1,110.000 $39,960.00
Add RowDelete Row TOTAL $46,620.00
G-Items not included in contract:
Participating For deductions enter as
"-x.xx"
Federal- State- Change Item Number Item Description Unit Price Quantity Amount
aid aid Number xx xxx Ax
Add RawDelete Row TOTAL
H.Signatures
Agreed: W� 5&&4 9/23/2020
Contractor ETERSONCONTRACTORS INC.Date
Recommended: � ') 9/23/2020
Project ngineer Date
Approved:
�I
Person in Responsible Charge Date Other (optional) Title Date
Contracting Authority optional Date Other (optional) Title Date
Iowa DOT Administering Office
Approval is contingent upon funds being available under the existing project agreement or upon additional Federal-aid funds being made available by a
modified project agreement.
FHWA Concurrence:
Federal Highway Division A ministration Date
(if required)
DISTRIBUTION(after fully executed on LPA projects):Original-Finance;Copies-Contractor,Project Engineer,Contracting Authority,Administering Office.
Date distributed: Initials:
Page 2of2
Page 49 of 166
CITY OF WATERLOO
Council Communication
Motion approving Change Order No. 3 from Aspro, Inc., of Waterloo, Iowa, for a net increase of$31,137.44,
in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and
City Clerk to execute said document.
City Council Meeting: 9/28/2020
Prepared: 9/1/2020
ATTACHMENTS:
Description Type
❑ Change Order No. 3 Backup Material
Motion approving Change Order No. 3 from Aspro, Inc., of Waterloo,
SUBJECT: Iowa, for a net increase of$31,137.44, in conjunction with the FY 2020
Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and
City Clerk to execute said document.
Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer
Recommended Action: Approve change order.
Leisure Services has requested assistance in performing repairs to the Young
Arena parking lot and building entrances. Repairs are need for the concrete
sidewalks along the south edge of the building and the parking lot pavement
between the building and the parking stalls. Total repair costs exceed current
budgets, so Leisure Services has elected to separate these repairs into two
phases and make the repairs over two years. Phase 1 will be repairs to the
sidewalks along the building and patch the parking lot pavement in front of
Summary Statement: the main entrance. Phase 2 will be next year and consists of an overlay to the
parking lot between the building and the parking stalls and includes
improvements to the handicap parking stalls and main handicap ramp along
the building.
Under this change order, an additional bus parking area will be added at the
southeast corner of the building. Repairs will be made to the curb and
sidewalk abutting the main entrance stairs and the west exit. Partial depth
repairs will be made to the parking lot pavement in front of the main
entrance.
Source of Funds: Leisure Services
Page 50 of 166
CITY OF WATERLOO, IOWA
CHANGE ORDER No. 3
PROJECT: F.Y. 2020 ASPHALT OVERLAY PROGRAM
CONTRACT NO. 992 Date Prepared: September22 2020 AMOUNT: $31,137.44 INCREASE
TO: ASPRO, INC. Contractor
You are hereby ordered to make the fallowing changes from the plans and specifications or perform the
following extra work on your contract dated July 20, 2020.
A. Description of change to be made or extra work to be done:
3001 Removal of Sidewalk
3002 Removal of Pavement
3003 Sidewalk, PCC, C-4, 4-inch
3004 Sidewalk, PCC, C-4, 6-inch Pedestrian Ramp
3005 Detectable Warning
3006 Remove Curb & Gutter
3007 Curb & Gutter, 24-inch wide, 8-inch thick, PCC C-4
3008 Pavement, PCC, C-4, 6-inch
3009 Pavement, PCC, C-4, 8-inch
3010 Partial Depth Repair Patches
B. Reason for ordering change or extra work:
Leisure Services has requested assistance in performing repairs to the Young Arena parking lot and
building entrances. Repairs are need for the concrete sidewalks along the south edge of the building
and the parking lot pavement between the building and the parking stalls. Total repair costs exceed
current budgets, so Leisure Services has elected to separate these repairs into two phases and make +
the repairs over two years. Phase 1 will be repairs to the sidewalks along the building and patch the f.
parking lot pavement in front of the main entrance. Phase 2 will be next year and consists of an overlay
to the parking lot between the building and the parking stalls and includes improvements to the
handicap parking stalls and main handicap ramp along the building.
Under this change order, an additional bus parking area will be added at the southeast corner of the
building. Repairs will be made to the curb and sidewalk abutting the main entrance stairs and the west
exit. Partial depth repairs will be made to the parking lot pavement in front of the main entrance.
Work to be paid by Leisure Services through existing facility improvement funds. Work to be completed
prior to November, 2020.
C. Settlement for cost of work to be made as follows:
Change Order No. 3 Contract No. 992 Sheet 1 of 2
Page 51 of 166
Bid Item Unit Total Unit Price Total Bid Price
3001 5F 1,229.6 $ 5.25 $ 6,455,40
3002 SY 18.0 $ 15.00 $ 270,00
3003 SIF 1,162.0 $ 7.25 $ 8,424.50
3004 5F 67.6 $ 8.85 $ 598.26
3005 SF 12.0 $ 43.25 $ 519.00
3006 LF 126,0 $ 20.00 $ 2,520.00
3007 LF 126.0 $ 4T00 $ 5,922.00
3008 SY 46,0 $ 62,00 $ 2,852,00
3009 SY 15.8 $ 63.50 $ 1,003.30
301.0 5F 281.2 $ 9.15 $ 2,572.98
i $ 31,137.44
TOTAL INCREASE $31,137.44
BY: ASPRO, INC.
Mayor Date CONTRACTOR
'Zo
BY:
Date
TITLE:
ATTEST:
City Clerk Date APPR VED:
99,
City Engineer Da e
Change Order No. 3 Contract No. 992 Sheet 2 of 2
Page 52 of 166
CITY OF WATERLOO
Council Communication
Motion to receive and place on file the 2019 Operating Report of the Waterloo Water Works.
City Council Meeting: 9/28/2020
Prepared: 9/23/2020
ATTACHMENTS:
Description Type
❑ 2019 Operating Report Backup Material
SUBJECT: Motion to receive and place on file the 2019 Operating Report of the
Waterloo Water Works.
Submitted by: Submitted By: Chad Coon, General Manager, Waterloo Water Works
Recommended Action: Receive and place on file the 2019 Operating Report of the Waterloo Water
Works.
Summary Statement: The Board of Trustees of the Waterloo Water Works approved the report at
their regular Board Meeting on September 16, 2020.
Expenditure Required: No City funds are required for this action. The Waterloo Water Works pays
for the cost of the report.
Source of Funds: Waterloo Water Works operating funds, generated primarily from water
sales.
Page 53 of 166
WATERLOO
WATER WORKS
2019
OPERATING REPORT
WATERLOO WATER WORKS
WATERLOO WATER WORKS 2019 ANNUAL REPORT
TO THE BOARD OF TRUSTEES AND THE CITIZENS OF WATERLOO
General Remarks
I am pleased to present the Waterloo Water Works' 2019 Annual Report to the
Board of Trustees and the citizens of Waterloo, Iowa. The team members of the Water
Works have collaborated in preparation of this report to highlight financial, water
distribution, water production and customer service performance milestones ilesto�yes that were
achieved throughout the year in 2019.
The Water Works added or replaced 15,975 feet of water main in 2019.
Pumpage for 2019 ended the year down 0.72% compared to the previous year, and
water sales revenue ended the year up 1.6% on a year-to-year basis.
While replacement of water main along University Avenue continues to be a
large capital project, for 2019 it was joined by other projects. University Avenue is a
multi-year, multi-phase project being done in conjunction with the City of Waterloo's
street reconstruction. Other large projects included installing new water main along
Independence Avenue as well as replacing water main under Hammond Avenue and
Highway 20. Other investments include conducting a Corrosion Control Study for the
Iowa Department of Natural Resources in conjunction with the United States
Environmental Protection Agency, completing an inspection of our Ground Storage
Reservoir, and beginning work on replacing the water main along the Park Avenue
Bridge in conjunction with the City of Waterloo's bridge replacement program. In 2019
the Waterloo Water Works' Board of Trustees also made the decision to move forward
with the installation of antennas on some of our water towers to continue to advance
our Automated Metering Infrastructure program for automatic meter reading.
The year 2019 also saw the Water Works continue to invest in source water
protection and production. Well #21 work that included new standby power, a variable
frequency drive unit, and additional electrical upgrades was completed. The Water
Works also continued to investigate potential upgrades to Well #22 to help reduce the
level of nitrate introduced into the drinking water system. The Water Works is
committed to providing high quality, low cost water to the citizens of Waterloo.
There were six Water Works employees who worked their first day for the utility
in 2019, and a few who worked their last day as well. The utility transitioned through
the replacement process as there were retirements and employees moving on to other
employment.
Page 1
Page 55 of 166
In 2020, the Waterloo Water Works plans to continue on an aggressive path to
repair, replace, or upgrade critical system assets, while also planning for the future.
Projects scheduled for major investments in 2020 include continuation of the annual
water main replacement programs associated with City of Waterloo street
reconstruction projects; continuation of the University Avenue Phase 1 and Phase 2
reconstruction projects and the beginning of Phase 3; design, bidding and
commencement of construction on Leversee Road and Warp Drive; design of water
main replacement along East Shaulis Road in conjunction with the Lost Island Theme
Park; and design of water main replacement for the river crossing at Park Avenue.
The Water Works has also started working with a third party company to provide our
customers a web-based Customer Information System that will allow them to track
their usage and can alert them to, and help them find, potential leaks. This system will
work in conjunction with our Automated Metering Infrastructure provider, Sensus
Metering, as the Water Works continues to rollout investment in contact-less meter
reading.
Finally, 2019 was another year of change for the Waterloo Water Works management
team. Former General Manager Dennis Clark was able to provide assistance to new
Assistant General Manager Rick Wilberding with daily operations until new General Manager
Chad Coon was able to start in May. Former City Council member and Water Works Board
Member Ron Welper resigned from the Board of Trustees and Thomas Wall was appointed
as the replacement by the Mayor Quentin Hart. The Waterloo Water Works Board of
Trustees members Mary Potter, Scott Wienands and Thomas E. Wall continue to provide the
guidance, support and leadership that this utility relies on as we serve the great customers of
the City of Waterloo.
Respectfully submitted,
Chad Coon,
General Manager
Page 2
Page 56 of 166
TO THE BOARD OF WATER WORKS TRUSTEES
Mary H. Potter, Chair
Scott Wienands, Vice-Chair
Thomas E. Wall, Trustee
Members of the Board:
I herewith submit the following Operating Report of the Waterloo Water Works for the
year ending December 31, 2019.
The following tables show selected revenue and expenditures for the year ending
December 31, 2019 as compared with the year ending December 31 , 2018. A full disclosure
of the Waterloo Water Works' financial information can be obtained from the annual audit
report. The following figures reflect audited amounts.
Revenue Dec. 31, 2018 Dec. 31, 2019
Metered Water-Net Rates $9,853,371 $10,177,718
Fire Protection 94,024 94,003
Capital Contributions 4,640 38,488
Billboard, Antenna & Farm Rent 192,374 171,174
Interest Earned 226,812 314,041
Other Revenue 1,004,968 881,863
Total Revenue $11,376,189 $ 11,677,287
Operating Expenses
Salaries and Benefits $3,934,940 $3,793,456
Contractual Services 794,701 1,068,439
Commodities 1,309,291 1,449,320
Interest Expense 0 0
Loss on Disposal of Capital Assets (18,864) (13,753)
Depreciation 814,323 905,307
Other Expenses 0 0
Total Expenditures $ 67834,391 $ 7,202,769
Net Revenue $ 4,541,798 $ 4,474,518
Total Assets $48,584,604 $53,397,154
Total Liabilities 5,834,064 6,172,096
Total Net Assets $42,750,540 $47,225,058
Tax Money Received $ 0 $ 0
Bonded Indebtedness $ 0 $ 0
Page 3
Page 57 of 166
The following amounts were expended for Capital Improvements and Extraordinary Items
during the year ending December 31, 2019 as compared to the year ending December 31, 2018.
Jan. 1, 2018 to Jan. 1, 2019 to
Dec. 31, 2018 Dec. 31, 2019
Autos, Trucks and Distribution Vehicles & Equipment 43,621.19 53,172.50
Small Equipment for Distribution/Meter Dept. 1,997.74 3,071.27
Safety Equipment 0.00 0.00
Backflow Prevention Program 2,236.11 2,599.92
Tapping Machine 52,684.00 0.00
Groundskeeping Tractor 0.00 24,781.32
Misc. Water Main Extensions 219,839.68 9,353.53
Misc. Water Main Work as part of City Projects 35,406.34 15,103.00
Annual Water Main Replacement Programs 210,219.67 80,163.19
Pumping Station and Well House Improvements 99,454.68 53,137.58
SCADA, Radio and Sensor Improvements 347880.60 26,074.94
Computer Equipment and Software 9,270.81 7,612.80
Office, Security, and Building Equipment 8,118.52 0.00
Dysart Road Water Main Replacement 353,165.73 (765.93)
West Shaulis Road Water Main Replacement 20,036.95 0.00
Highway 63 North Water Main Replacement 38,822.06 0.00
Progress Avenue Water Main Replacement 21,188.55 0.00
Well No. 21 Electrical Improvements 106,243.06 398,275.94
Leversee Rd. & Dunkerton Rd. Water Main Extension 17,026.00 17,841.00
Highway 63 Jefferson to Franklin Main Replacement 6,280.00 288.00
University Avenue Main Replacement 605,543.43 1,396,584.26
Northeast Drive Water Main Extension 413,480.37 203,262.40
Martin Luther King Jr. Water Main Extension 552,748.55 18.582.67
Independence Ave. 30,857.00 508,236.89
AMR/AMI Metering 43,264.36 181,986.73
Property Acquisition 157,820.00 530.00
GIS-Mapping-CMMS-Doc. Mgmt.-Modeling 6,714.62 15,639.47
(2018 amounts restated from previous report) $3,104,182.02 $3,015,531.48
The following data is used to compute the comparative cost per 1,000 gallons pumped.
2018 2019
Pumpage in Gallons 4,274,263,000 4,243,527,000
Operating Revenue $9,947,395 $10,271,721
Non-Operating Revenue 1,428,794 1,405,566
Total Revenue $11,376,189 $11,677,287
Salaries and Benefits $3,934,940 $3,793,456
Contractual Services 794,701 1,068,439
Commodities 1,309,291 1 ,449,320
Depreciation 814,323 905,307
Interest Expense 0 0
Loss on Disposal of Capital Assets (18,864) (13,753)
Other Expenses 0 0
Total Expenses $6,834,391 7,202,769
Net Revenue $4,541,798 $4,474,518
Page 4
Page 58 of 166
The following tabulation shows the revenue per 1,000 gallons pumped for the year
ending December 31, 2018 as compared with the year ending December 31, 2019.
Dec. 31, 2018 Dec. 31, 2019
Operating Revenue 2.3273 2.4206
Non-Operating Revenue 0.3343 0.3312
Total Revenue 2.6616 2.7518
Salaries and Benefits 0.9206 0.8939
Contractual Services 0.1859 0.2518
Commodities 0.3063 0.3415
Depreciation 0.1905 0.2133
Interest Expense 0.0000 0.0000
Loss on Disposal of Capital Assets (0.0044) (0.0032)
Other Expenses 0.0000 0.0000
Total Expense 1.5989 1.6973
Net Revenue 1.0627 1.0545
Page 5
Page 59 of 166
Manager, Ryan Manahl
This department is responsible for construction, maintenance and customer service
related to water mains, vehicles and metering.
Water Main Construction:
During the year ending December 31, 2019, ductile iron water main extensions were
made as follows:
Main Number
Location Size Feet Funding Source
Dysart Road (Kimball Avenue Rural System) 2" 1,463 Paid by Developer
Independence Avenue 8" 4 Waterloo Water Works
Foundation Drive 8" 299 Paid by Developer
Kimberly Lane 8" 680 Paid by Developer
Cathy Jean Court 8" 827 Paid by Developer
Total 8" Main 8" 1,810
Northeast Drive 16" 3,723 Waterloo Water Works
Independence Avenue 16" 4,186 Waterloo Water Works
Total 16" Main 16" 7,909
MAIN FOOTAGE PAID BY WWW 7,913
MAIN FOOTAGE PAID BY DEVELOPER 3,269
TOTAL WATER MAIN INSTALLED 11,182
MILES 2.18 Miles
Water Main Replacement:
During the year ending December 31, 2019, the following ductile iron (unless
indicated) water main replacement projects were completed as follows:
Main Number
Location Size Feet Funding Source
Coachman Drive 6" 1,289 Waterloo Water Works
University Avenue 6" 131 Waterloo Water Works
University Avenue 8" 495 Waterloo Water Works
University Avenue 12" 2,141 Waterloo Water Works
Hammond Avenue 12" (PVC) 737 Waterloo Water Works
TOTAL WATER MAIN REPLACED 4,793
MILES 0.91 Miles
Page 6
Page 60 of 166
Valve Inventory:
Size 3" 4" 6" 8" 10" 12" 16" 20"
Gained 2019 Waterloo System 0 0 52 10 0 0 16 0
Total Valves in System 3 71 4,925 882 174 1,087 163 73 7,378
Valves in Flow & Well Lines as of December 31, 2019: 50
Hydrant Inventory_
Hydrants in Service January 1, 2019 3,309
Additions Due to New Main Construction 28
New Installation Cut-In 0
Hydrants Eliminated 4
Net Gain 24
Hydrants in Service December 31, 2019 3,333
Hydrant Maintenance:
Hydrants Repaired in Place 5
Hydrants Replaced 33
Hydrants Inspected and/or Flushed 656
2018 2019
Broken Hydrants (typically hit by vehicles) 12 8
Frozen Hydrants 1 0
Frozen Mains 0 0
Ludlow Common Hydrants in System 74 58
Main Leaks Repaired (joint leak, pin hole) 6 6
Broken Mains (sheared, cracked, longitudinal) 50 48
Private Service Lines Leaks 120 120
The Distribution Department operated and serviced hydrants and valves where required.
Page 8
Page 61 of 166
Pipe System Inventory:
The following table shows the total number of feet, number of miles and the
percentage of different size ductile, cast iron, and PVC mains that comprise the water
distribution system inside the Waterloo city limits, installed from 1886 to December 31, 2019.
Size Abandoned Constructed Net Gain Total Number
of 2019 2019 2019 of Feet in Number
Pipe Ln. Ft. Ln. Ft. Ln. Ft. System of Miles Percentage
4" 0 0 0 9,019 1.71 0.44
6" 128 1,420 1,292 956,477 181.15 46.91
8" 198 2,305 2,107 325,479 61.64 15.96
10" 0 0 0 40,201 7.61 1.97
12" 2,205 2,878 673 494,443 93.64 24.25
14" 0 0 0 4,611 0.87 0.23
16" 160 7,909 7,749 110,333 20.90 5.41
20" 0 0 0 97,765 18.52 4.80
24" 0 0 0 469 0.09 0.02
TOTAL 2,691 14,512 11,821 2,038,797 386.13 100.00
Net Gain in 2019: 2.24 Miles
Kimball Avenue Rural Water System:
The following table shows the total number of feet, number of miles and the
percentage of different size DR21 PVC pipe that comprises the Kimball Avenue rural water
system as of December 31 , 2019.
Size Total Number
of of Feet in Number of
Pipe System Miles Percentage
2" 6,036 1 .14 9.66
3" 17,492 4 1
9 3 3 27.98
4" 8,270 1.56 13.23
6" 30,717 5.82 49.14
TOTAL 62,515 11 .84 100.00
The following table shows the number of feet of pipe of the different sizes in the flow
and well lines now used to deliver water from the well field to the reservoirs.
Sizes of Number of
Pipe Feet
8" 580
10" 600
12" 1 ,348
16" 13,981
20" 10,378
24" 600
TOTAL 27,487
Page 7
Page 62 of 166
Vehicle Record:
Report of operation cost for the year ending December 31, 2019.
2019 Total 2019 2019 2019 2019 2019 Cost
No. Vehicle Mileage Mileage Expense Depreciation Insurance Labor Total Cost Per Mile
1 2017 Ford Taurus 2,437 10,498 $ 294.59 $ 4,162.00 $ 527.46 $ - $ 4,984.05 $ 2.0452
2 2006 Chev. Malibu 5,778 88,558 $ 1,069.69 $ - $ 527.46 $ - $ 1,597.15 $ 0.2764
4 2009 Ford F150 1/2T PU 4,722 74,252 $ 971.43 $ $ 527.46 $ - $ 1,498.89 $ 0.3174
4 2020 Ford F150 23 44 $ 41.90 $ - $ - $ - $ 41.90 $ 1.8217
5 2009 Ford F150 PU 10,292 102,866 $ 7,169.52 $ - $ 527.46 $ 184.42 $ 7,881.40 $ 0.7658
6 1995 Chev. S10 Pickup 1,851 122,024 $ 367.44 $ - $ 527.46 $ - $ 894.90 $ 0.4835
7 2011 Ford F150 PU 6,150 101,854 $ 2,014.71 $ 688.50 $ 263.73 $ 30.77 $ 2,997.71 $ 0.4874
7 2019 RAM 1500 Classic 8,057 8,488 $ 2,030.87 $ 2,359.12 $ 263.73 $ 122.88 $ 4,776.60 $ 0.5929
8 2016 Ford F150 PU 11,823 43,775 $ 4,023.96 $ 2,767.44 $ 527.46 $ 30.72 $ 7,349.58 $ 0.6216
9 2013 Ford F350 Valve Exerciser 1,301 17,842 $ 1,244.52 $ - $ 527.46 $ 61.44 $ 1,833.42 $ 1.4092
10 2011 Ford F150 PU 13,306 107,174 $ 3,308.57 $ $ 527.46 $ 153.70 $ 3,989.73 $ 0.2998
11 2007 Ford 3/4 PU 2,653 64,970 $ 4,275.02 $ $ 527.46 $ 30.72 $ 4,833.20 $ 1.8218
12 2018 Dodge 3500 6,888 19,136 $ 3,938.17 $ 10,049.04 $ 527.46 $ 92.16 $ 14,606.83 $ 2.1206
b 15 2012 Ford F150 Pickup 11,784 107,633 $ 2,041.08 $ - $ 527.46 $ - $ 2,568.54 $ 0.2180
16 2013 Ford F150 PU 5,674 46,994 $ 1,494.62 $ - $ 527.46 $ - $ 2,022.08 $ 0.3564
m 17 2018 Ford F-150 14,656 23,826 $ 5,727.26 $ 4,940.00 $ 527.60 $ 61.44 $ 11,256.30 $ 0.7680
`O 18 2018 Dodge Ram 3500 9,278 11,620 $ 4,635.43 $ 4,651.75 $ 527.58 $ 92.16 $ 9,906.92 $ 1.0678
19 2012 Ford F150 Pickup 6,390 108,821 $ 30,027.63 $ 647.03 $ 263.79 $ - $ 30,938.45 $ 4.8417
19 2019 Ford F150 PU 7,756 8,263 $ 2,216.55 $ 2,522.45 $ 263.79 $ 61.44 $ 5,064.23 $ 0.6529
20 2016 John Deere Backhoe 805 Hrs. 2,453 $ 7,447.96 $ 12,071.70 $ 527.58 $ 61.44 $ 20,108.68 $ 24.9797
21 1997 Case Loader/Backhoe 354 Hrs. 8,612 $ 4,902.83 $ - $ 527.58 $ 384.00 $ 5,814.41 $ 16.4249
33 2003 Int. Dump Truck 3,928 86,185 $ 17,610.22 $ - $ 527.58 $ 92.16 $ 18,229.96 $ 4.6410
34 2013 Freightliner Dump Truck 7,014 46,360 $ 10,844.47 $ 9,163.50 $ 527.58 $ 30.77 $ 20,566.32 $ 2.9322
38 1976 Int. Flat Bed Truck 48 22,455 $ 161.22 $ - $ 527.58 $ - $ 688.80 $ -
TOTAL 134,053 $ 117,859.66 $ 54,022.53 $ 11,077.64 $ 1,490.22 $ 184,450.05
TOTAL HOURS 1,159
Page 63 of 166
Meter Operations: 2018 2019
Meters in Service as of January 1 26,070 26,164
Meters Removed for Servicing -792 -655
Meters Reset at Existing Accounts 768 651
Meters Set for New Accounts 118 61
Total Meters Set 886 712
Net Accounts Gain/Loss 94 57
Meters in Service as of December 31 26,164 26,221
Meter Repair Work: 2018 2019
Frozen — Base Replacement 73 84
Dead — Piston, Gear or Register 1 2
Replacement
Junked Meters 416 296
Meters Removed from Vacated Residences 302 273
Leaky Meters — Bases Replaced 0 0
Miscellaneous Repairs 0 0
792 655
Meters Challenged for Accuracy by 0 0
Resident
Remote Readers in Service:
2018 2019 Manual Read
Connections Connections Meters
Waterloo System 27,212 27,929 9
(Including meters not owned by the Waterloo Water Works)
Kimball System 102 105 0
Washburn System 465 493 176
Raymond System 327 338 95
26,714 28,865 280
Approximate non-remoted meters 7
Page 10
Page 64 of 166
WATER PRODUCTION
Water Production Manager Travis Larson
During the year ending December 31, 2019, the water pumpage has decreased 0.72%
from the previous year.
2018 2019
Total Pumpage in Gallons ....... 4,274,263,000 4,243,527,000
Daily Average ....................... 11 ,710,309 11,626,101
Lowest Day .......................... December 25 December 25
Lowest Day Pumpage. ............ 6,982,000 7,393,000
Highest Day .......................... May 31 July 24
Highest Day Pumpage ............ 17,808,000 18,376,000
The record of pumpage for the year ending December 31, 2018, as compared with the
year ending December 31, 2019, is as follows:
2018 2019
January 364,445,000 322,319,000
February 321,188,000 314,732,000
March 342,582,000 353,936,000
April 319,967,000 337,814,000
May 379,839,000 371,751,000
June 407,265,000 377,011,000
July **418,731,000 **445,032,000
August 405,125,000 408,452,000
September 345,523,000 347,282,000
October 338,863,000 324,180,000
November 321 ,892,000 *312,439,000
December *308,843,000 328,579,000
TOTAL GALLONS 4,274,263,000 4,243,527,000
Indicates lowest month's pumpage.
Indicates highest month's pumpage.
Consumption Gallons Percent
Registered on Customers' Meters 3,454,343,288 81.40
City Meters - Free Rate 150,604,561 3.55
Water loss from Reservoir (calculated) 150,000,000 3.53
Other Metered Sales 4,918,100 0.12
Unaccounted for Water Including the Following: 483,661,051 11.40
(Flushing water mains to prevent system freeze up,
new main construction, routine flushing water mains, 100.00%
hydrant flushing and inspection, fire protection,
street sweeping, pre-metered construction, sewer
flushing, main leaks and service line leaks.)
A record of the percent of accounted for water through customers' meters, city meters
and calculated reservoir loss is as follows:
2014 2015 2016 2017 2018 2019
75.07% 82.89% 79.69% 79.86% 82.81% 88.60%
Page 11
Page 65 of 166
2019 Water Supply Analysis
Average of all Wells in the System
(Milligrams per Liter Unless Otherwise Noted)
The Waterloo Water Works conducts an extensive water quality monitoring program to
confirm that the drinking water is always safe and always of the highest quality. The following
are the results of the water quality program for 2019.
I. Analyte
The following results are based on representative samples from the distribution system.
Maximum
2017 2018 2019 Allowable
Chemical Test Test Test Limit
Total Trihalomethane (ppb) 8.7 7.46 10.7 80
Total Haloacetic Acids (ppb) 3.3 1 .56 6.85 60
Fluoride (ppm) 0.71 0.68 0.68 4
Sodium (ppm) 16.0 16.9 16.9 NR
Chlorine (ppm) 1.02 1.03 1.00 4
II. Nitrates - MCL for nitrate is 10 mg/L
Maximum
Allowable 2018 2019
Well No. Limit Average (ppm) Average (ppm)
Well Field 7-13 10 5.45 4.86
14 10 7.75 6.53
15/17 10 <1 .0 <1.0
16 10 8.03 7.00
18 10 4.08 3.83
19 10 2.70 2.00
20 10 6.50 6.28
21 10 2.11 <2.0
22 10 9.20 8.12
Page 12
Page 66 of 166
WATERLOO WATER WORKS
WATER ANALYSIS 2019
Maximum Waterloo Maximum Waterloo
Contaminant Water Contaminant Water
Level Analysis Level Analysis
INORGANIC CHEMISTRY Values below this point in mg/L or parts per million
pH Value 6.5-8.5 7.5 VOLATILE ORGANIC
Spec. Conductance - 652 Halo Acetic Acids 0.060 0.007
Total Alkalinity mg/L - 248 mg/L Trihalomethanes (THM) 0.080 0.011
Total Hardness mg/L - 330 mg/L 1,1-Dichloroethylene 0.007 ND
grains per gallon 19.3 gpg
Silica mg/L 15.5 mg/L 1,2-Dichloroethane 0.005 ND
Total Dissolved Solids mg/L 388 mg/L 1,2-Dichloropropane 0.005 ND
1,2,4-Trichlorobenzene 0.070 ND
Values below this point in mg/L or parts per million 1,1,1-Trichloroethane 0.200 ND
1,1,2-Trichloroethane 0.005 ND
Magnesium 28 Benzene 0.005 ND
Sodium - 16.9 Carbon tetrachloride 0.005 ND
Chloride 250.000 41 cis-1,2-Dichlroethylene 0.070 ND
Sulfate 250.000 64 Dichloromethane 0.005 ND
Ammonia (as N) 0.05 Ethylbenzene 0.700 ND
Total Organic Carbon ND Monochlorobenzene 0.100 ND
Iron 0.300 0.02 1,2-Dichlorobenzene 0.600 ND
Manganese 0.027 1,4-Dichlorobenzene 0.075 ND
Antimony 0.006 ND Styrene 0.100 ND
Arsenic 0.010 0.001 Tetrachloroethylene 0.005 0.0015
Beryllium 0.004 ND Toluene 1.000 ND
Barium 2.000 0.13 trans 1,2-Dichloroethylene 0.100 ND
Cadmium 0.005 ND Trichloroethylene 0.005 ND
Chromium 0.100 0.00031 Vinyl Chloride 0.002 ND
Copper 1.300 0.206 Xylenes (Total) 10.00 ND
Fluoride 4.000 0.68
Lead 0.015 0.003 SYNTHETIC ORGANICS
Mercury 0.002 ND
Nickel 0.100 ND 2.4-D 0.070 ND
Nitrate (as Nitrogen) 10.000 5.1 2,4,5-TP (Silvex) 0.050 ND
Nitrite (as Nitrogen) 1.000 0.10 Alachlor(Lasso) 0.002 ND
Selenium 0.050 0.0027 Aldicarb 0.003 ND
Silver 0.005 ND Aldicarb Sulfone 0.003 ND
Thallium 0.002 ND Aldicarb Sulfoxide 0.004 ND
Atrazine 0.003 ND
RADIONUCLIDES Carbofuran 0.040 ND
Chlorodane 0.002 ND
Radium 226 5 pCi/L 0.40 pCi/L Dalapon 0.200 ND
Radium 228 5 pCi/L 2.9 pCi/L Dinoseb 0.007 ND
Combined Radium 5 pCi/L 2.9 pCi/L Diquat 0.020 ND
Endrin 0.002 ND
Endothall 0.100 ND
Lindane 0.0002 ND
ND- Not Detected Methoxychlor 0.040 ND
Oxamyl (Vydate) 0.200 ND
Page 13
Page 67 of 166
Service Outside City Limits:
The 2019 water consumption and revenue from the cities served are as follows:
Number of 2019 Consumption 2019
city Population Accounts Gallons Amount Billed
Hudson 2,476 54,847,848 $120,653.21
Elk Run Heights 1,150 22,140,800 $ 63,751.44
Kimball South Rural 250 (Est.) 105 8,813,684 $ 31 ,384.62
Raymond 802 338 13,447993 $ 63,291.91
Washburn/B.H. County 1 ,155 (Est.) 476 17,900,778 $ 82,939.91
The Waterloo Water Works provides full service to Raymond, to the Kimball Avenue
Rural System and to the Black Hawk County Rural Water System, including reading meters,
billing, collection, and repair and maintenance of the water system. Hudson and Elk Run
Heights use Waterloo as their source of supply and operate their own respective systems.
Water Production Operational Report 2019
The water operators collect and test over 80 bacteriological (coliform) samples per
month at the Pumping Station and throughout the distribution system. Additionally, more
than 30 samples are collected and tested from the wells, water towers, individual residences,
and special projects on a monthly basis. Over 1 ,200 bacteriological (coliform) samples were
analyzed in 2019.
Water operators test for free and total chlorine at the Pumping Station and at various
locations in the distribution system daily. A chlorine residual of at least 0.3 mg/I must be
maintained in the system to provide continuous disinfection of the drinking water to the
consumer's tap. In addition, all source entry points have a real-time chlorine analyzer that
are monitored by our operators to make sure that acceptable chlorine feed rates are
maintained at all times.
Fluoride is checked daily by samples from wells that are in operation. More than 240
fluoride samples per month are collected. Backup fluoride samples are also taken at
designated sites surrounding the well houses. Keystone Laboratory checks one fluoride
sample per month and the results are reported to the Iowa Department of Natural Resources.
Also, over 180 pH samples are taken per month.
The total number of coliform, chlorine, fluoride, pH and other water quality analysis
conducted by Water Works personnel amounts to over 12,000 tests per year.
Page 14
Page 68 of 166
Maintenance and Repair
Water Works buildings and facilities are inspected and maintained daily. Electrical
systems, SCADA controls, roofs, pumps, standby diesel engine generators, water lines and
fencing are all repaired as needed to ensure the citizens of Waterloo an extremely reliable
water system. The well grounds are maintained in such a way as to provide a park-like
atmosphere. Mowing of grounds was contracted for 2017-2019.
Major maintenance and repairs for 2019 are as follows:
All Well Houses
-Continued maintenance and painting of buildings and piping.
Linden Tower Building
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
Booster Station
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Installed new LED Dusk to Dawn Exterior Lighting.
Well #7
-Rewired interior of building with new transformer/electrical panel/outlets/lighting.
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
Well #10
-Installed New Yagi Antenna/Coax Cable/Lightning Arrestor.
Well #11
-Repaired and painted metal window frames-installed new glass.
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
Well #12
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Repaired and painted metal window frames-installed new glass.
Well #13
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Repaired and painted metal window frames-installed new glass.
-Installed new Micrologics 1400 PLC controller.
Well #14
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Installed new LED Dusk to Dawn Exterior Lighting.
Well #15
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Installed new 150hp US Motor-electric motor on well.
Page 15
Page 69 of 166
Well #16
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Installed new LED Dusk to Dawn Exterior Lighting.
Well #17
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Installed new Square D 200hp Altistart (Softstart) for electric well motor.
Well #18
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
Well #19
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
Well #20
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Installed new sum pump.
.p
Well #21
-Installed new Primary and Secondary electrical service to building.
-Installed new Schneider Altivar ATV680 350hp VFD (variable frequency drive).
-Installed new MTU Diesel Emergency back-up Generator and ASCO Transfer Switch.
-Installed new piping/mag meter/pressure transmitter/air relief valve.
-Installed new exhaust fan/ventilation intake louvers.
-Installed new PLC Panel for SCADA.
-Installed new Yagi Antenna/Coax Cable/Lightning Arrestor.
-Installed new electric heaters (Pump Room).
Well #22
-Installed New Yagi Antenna/Coax Cable/Lightning Arrestor.
-Installed new electric heaters (Pump Room).
Page 16
Page 70 of 166
Free Service:
The following table shows the free water service rendered to the City of Waterloo at various metered locations.
2018 2018 2019 2019
Gallons Dollars Gallons Dollars
Cultural & Arts Commission 424,145 $ 1 ,274.64 346,348 $ 1,091.60
Young Ice Arena 4,754,618 12,894.40 6,230,525 15,984.63
Sportsplex 2,775,273 8,453.52 3,493,403 10,013.21
Mark's Park 3,748,489 8,887.20 3,748,489 8,887.20
Leisure Services 4,746,390 19,015.96 19,252,614 53,031.04
Golf Courses:
South Hills 10,509,383 27,703.55 10,588,676 27,006.05
Gates Park 11 ,233,497 29,446.98 11,516,261 28,739.16
Byrnes Park/Iry Warren 9,798,733 25,992.38 8,068,489 20,967.21
Fire Department 662,026 4,898.57 1,471,418 6,852.98
Parking Ramps 10,473 337.80 17,205 337.80
Swimming Pools 3,142,566 10,941.20 2,972,011 10,544.72
Sewer Department 28,426 1 ,468.80 759,273 3,279.32
Library 261,818 1 ,405.42 231,896 1,322.87
Water Pollution Control 58,458,020 128,671.56 80,141,055 173,730.28
Yard Waste/Compost Site 127,169 3,727.25
Convention Center 12,717 196.44
City Buildings 5,890,910 25,743.36 1,871 ,626 16,472.07
Airport 2,244 128.40 41,143 166.97
116,447,011 $307,263.74 150,604,561 $381 ,548.80
Additional free water service was furnished unmetered to city departments for fire protection, sewer flushing,
street cleaning and other purposes.
Page 71 of 166
OFFICE
Manager, Carla Manahl
Billing: Accounts Amount Billed
Residential 23,915 $4,142,717.58
Commercial 2,887 $5,335,033.13
Industrial - John Deere 28 $ 495,596.44
Accounts — Waterloo 26,830 Subtotal $9,973,347.15
Raymond 338 $ 63,221.91
Washburn 415 $ 67,185.52
Washburn Rural 78 $ 15,754.39
Kimball Project 105 $ 31,384.62
Accounts — Outside City 936 Subtotal $177,546.44
Accounts — Grand Total 27,747
Total Billed Water Sales (unaudited) $10,150,893.59
Water Sales Other (By Invoice) $15,567.90
Fire Protection, Annual (Unaudited) $95,591.59
3,870 Electronic Banking Customers
4,914 Final Bills
Personnel: 12/31/17 12/31/18 12/31/19
Admin & Office (Full-time) 13 12 12
Distribution & Meter Division 16 16 15
Pumping Station 6 6 6
35 34 33
Plus temporary summer hydrant painting employees.
Waterloo Water Works also bills and manages sewer, garbage, yard waste and storm water
billing for the City of Waterloo.
Page 18
Page 72 of 166
CITY OF WATERLOO
Council Communication
FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018.
City Council Meeting: 9/28/2020
Prepared: 9/21/2020
ATTACHMENTS:
Description Type
❑ Bid Tabulation Backup Material
Motion to receive and file proof of publication of notice of public hearing
HOLD HEARING -No comments on file.
Motion to close hearing and receive and file oral and written comments.
SUBJECT: Resolution confirming approval of plans, specifications, form of contract,
etc., and authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer bids
to City Engineer for review.
Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer
Source of Funds: Property Owner Assessments
Page 73 of 166
FY21 Sidewalk Repair Assessment Program, Zone 10, Cont. 1018
September 24, 2020
Bid Tab
Estimate: $653,915.47
Bidder Bid Security Bid Amount
Midwest Concrete Inc.
5% $398,757.05
Peosta, IA
MinturnInc.,
5% $624,740.40
Brooklyn, IA
Tricon Construction Group °
5/° $743,218.35
Dubuque, IA
Brock Even Construction, LLC 5% $499,922.04
Jesup, IA
Page 74 of 166
CITY OF WATERLOO
Council Communication
Purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates.
City Council Meeting: 9/28/2020
Prepared: 9/21/2020
ATTACHMENTS:
Description Type
❑ Bid Documents 2020 Iry Warren Memorial Golf Backup Material
Course Irrigation Controls System Update
❑ Bid Tabulation Cover Memo
Motion to receive and file proof of publication and notice of public hearing.
HOLD HEARING -No comments on file.
Motion to close hearing and receive and file oral and written comments.
SUBJECT: Resolution confirming approval of specifications, bid documents, etc., and
authorizing to proceed.
Motion to receive, file, and instruct City Clerk to read bids.
Resolution awarding bid to MTI Distributing, Inc., of Brookly1i Center,
Minnesota in the amount of$63,561.57.
Submitted by: Submitted By:JB Bolger. Golf and Downtown Area Maintenance Manager
Recommended Action: Approve Purchase
The current Iry Warren Memorial Golf Course irrigation system was
installed 23 years ago and has not had any updates to the operating system in
that time. The current operating system is no longer supported and a single
Summary Statement: lightning strike or glitch in the software could render the entire system
inoperable with no recourse to get up and running again. This project will
install new hardware and software throughout the system and modernize the
operation to today's standards. These updates will also help lower the total
number of gallons of water used in a season.
Expenditure Required: Estimate of$65,000
Source of Funds: CIP Funds- Leisure Irrigation Control System 420-37-4120-2174
CIP Funds- Leisure Golf Course Improvements 420-37-4120-2174
Starting in 1997 with Iry Warren Golf Course one new irrigation system was
installed per year at each of the three Waterloo Golf Courses. Gates was
Background Information: completed in 1998 and South Hills was completed in 1999. This control
systems update is also planned to be phased in over three years with Gates
being completed in 2021 and South Hills in 2022.
Page 75 of 166
CITY OF WATERLOO
LEISURE SERVICES
1101 CAMPBELL AVE
WATERLOO IA 50701
GENERAL INSTRUCTIONS, REQUIREMENTS
AND SPECIFICATIONS
2020 IRV WARREN MEMORIAL GOLF COURSE
IRRIGATION CONTROL SYTEM UPDATE
Bid documents for 2020 Iry Warren Memorial Golf Course Irrigation
Control System Update. All products and software are expected to be
supplied and ready for use by the City of Waterloo, Iowa.
Page 76 of 166
CITY OF WATERLOO
LEISURE SERVICES COMMISSION
2020 IRV WARREN MEMORIAL GOLF COURSE IRRIGATION
CONTROL SYSTEM UPDATE
Waterloo Leisure Services is seeking competitive bids for the sale of an UPDATED
IRRIGATION CONTROL SYSTEM as described in the enclosed specifications.
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at
her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday September
24, 2020 until 1:00pm for the 2020 Iry Warren Memorial Golf Course Irrigation
Control System Update as detailed in the specifications sheet included in this packet.
City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. CITY HALL
HAS LIMITED ACCESS TO WALK IN BUSINESS DUE TO COVID-19 SO
PLAN ACCORDINGLY TO MAIL YOUR BIDS WITH ENOUGH TIME TO BE
RECIVED BEFORE THE DEADLINE.
OPENING OF BIDS
All proposals for the 2020 Iry Warren Memorial Golf Course Irrigation Control
System Update will be opened at 1:00 p.m. on Thursday September 24, 2020 in the
Second Floor City Council Chambers. Proposals will be referred to Waterloo
Leisure Services for recommendation of award.
PUBLIC HEARING
Notice is hereby given that the Waterloo City Council will conduct a public hearing
on the proposed specifications for the 2020 Iry Warren Memorial Golf Course
Irrigation Control System Update at 5:30 p.m. on Monday September 28, 2020. The
hearing will be held in the Council Chambers in Waterloo City Hall. The
specifications documents are on file in the City Clerk's office, 715 Mulberry St. and
the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo,
Iowa, for public examination. Any person interested may file written objection with
the City Clerk before the date set for the hearing or appear and make an objection
at the meeting.
When submitting a bid, please note on the lower left hand corner of the envelope:
2020 Iry Warren Memorial Golf Course Irrigation Control System Update
All bids must meet or exceed the Specifications provided. Bids that do not meet or
exceed the Specifications will be rejected.
Page 77 of 166
All bid prices are recognized by the City and the Bidder to be valid irrevocably for a
minimum of sixty (60) days from the calendar date of the Bid Opening.
Standard procedure dictates that the City of Waterloo will accept the lowest responsive,
responsible bid. However, the Bidder understands that the City reserves the right to
reject any bid that is either considered not to be responsive or not most advantageous to
the City. The City will normally award the purchase contract to the responsible bidder
who meets or exceeds the minimum specifications provided.
The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids.
If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered
free from security interest or other lien or encumbrance.
The bid price given shall be the complete price for unit or units meeting specifications
provided. This price shall include all discounts, freight and/or transportation costs
necessary to supply the equipment and software in accordance with the Specifications
and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa.
All bids should include all extras or options as detailed on the attached specifications
sheets including special warranty provisions or maintenance provisions. The bidder is
cautioned to review these carefully and complete the bid proposal accordingly.
Specific questions may be addressed to:
JB Bolger, Golf& Downtown Area Maintenance Manager
Waterloo Leisure Services
1101 Campbell Avenue
Waterloo, Iowa 50701
319-291-4370
Monday through Friday 7AM-4:OOPM with any questions.
The bidder must have and maintain inventory of repair parts as well as have experienced
service personnel for this equipment. The bidder shall certify by the act of signing and
submitting his/her bid that all items and service delivered hereunder shall comply with
the Federal Occupation Safety and Health Act of 1960 as amended and applicable.
BID DEADLINE: Sealed proposals will be received by the City Clerk of the City of
Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa,with a bid deadline of
Thursday September 24, 2020 until 1:00pm for the 2020 Iry Warren Memorial Golf
Course Irrigation Control System Update as detailed in the specifications sheet
included in this packet. City Hall is located at 715 Mulberry Street,Waterloo, Iowa,
50703.
THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
Page 78 of 166
Specifications for the 2020 Iry Warren Memorial Golf Course Irrigation
Control System Update:
The undersigned hereby agrees to furnish the following equipment f.o.b. Waterloo, IA,
ready for immediate use with all the necessary parts and accessories needed for its
operation as specified below. Vendor must meet or exceed specifications as detailed
below. Vendor must list any deviation from specifications given.
QUANTITY: 1 PART# LYNX-NONNSN-STAN TORO Lynx CE
Upgrade for Non-NSN User, PREMUIM COMPUTER SYSTEM, w/ 1 Yr. NSN
(Includes I Tuition to MTI Hosted Regional NSN Training)
QUANTITY: I PART# NSN-ESSENT-2N1-L TORO NSN 2 Year
Additional Support Package ADD-ON (includes 24 hr support, emergency paging, ext.
warranty, free software packs, 24hr hardware replacement.
QUANTITY: 1 PART# LYNXAPPS TORO Lynx Apps
Activation, One Time Fee for NSN Subscribers
QUANTITY: 1 PART# FIU-2011 TORO Field Interface Unit w/1
Wireline & 1 Radio Line
QUANTITY: 10 PART# 300-032P6M4A
Vendor shall be present on site to help set up the field interface unit, new computer, and
help the Iry Warren Maintenance Crew install the necessary hardware and software on a
minimum of one satellite control center.
Page 79 of 166
CITY OF WATERLOO,IOWA
WATERLOO LEISURE SERVICES COMMISSION
BID FORM
for
2020 IRV WARREN MEMORIAL GOLF COURSE IRRIGATION
CONTROL SYSTEM UPDATE
Bidder is providing the equipment package price as specified with all options included.
Installation of these upgrades will be at Iry Warren Memorial Golf Course 1101
Campbell Ave, Waterloo, Iowa. System must be ready for use by the City of Waterloo.
If awarded the contract we agree to provide the equipment specified and assist with the
installation of the updated irrigation controls on or before December 1, 2020. Failure to
do so on or before the designated date shall result in a penalty at a daily rate of$50.00 per
unit per working day until work is completed.
We understand that this quotation will be reviewed by the Leisure Services Golf&
Downtown Area Maintenance Manager and the Waterloo City Council for the purpose of
securing the equipment updates at the most favorable cost. Life cycle analysis will be
used when appropriate. Factors such as service location and availability, warranty,
maintenance records, vendor's past performance records, and quality of products offered
will be considered where applicable.
BIDDER:
COMPANY NAME
ADDRESS:
CONTACT PERSON
PHONE: (_)
COMPLETE IRRIGATION SYSTEM CONTROL UPDATE
dollars ($ )
SIGNED: DATE:
Page 80 of 166
Bidders:
Reinders
Darrick Robbins
111 Lexington Dr
Buffalo Grove, IL 60089
drobbins@reinders.com
630-217-1922
Spartan Distributing
Kris Early
1050 N Opdyke Rd
Auburn Hills, MI 48326
Kris.early@spartandist.com
248-408-2360
MTI
Craig Jerome
4830 Azelia Ave. North Suite 100
Brooklyn Center, MN 55429-3836
Craig.j erome@mtidi stributing.com
Page 81 of 166
Iry Warren Memorial Golf Course Irrigation System Update
September 24, 2020
Bid Tab
Estimate: $65,000
Bidder Bid Amount
Spartan Distributors
Sparta, MI $83,109
MTI Distributing $63,561.57
Brooklyn Center, MN
Reinders, Inc. $106,212
Buffalo Grove, IL
Page 82 of 166
CITY OF WATERLOO
Council Communication
Sale and conveyance of city owned property located at 120 Center Street, in the amount of$1.00, to Perfect
Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development
of a 7,280 square-foot building.
City Council Meeting: 9/28/2020
Prepared: 9/21/2020
ATTACHMENTS:
Description Type
❑ Map Backup Material
❑ Development Agreement Backup Material
Motion to receive and file proof of publication of notice of public hearing
HOLD HEARING -No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution authorizing the sale and conveyance of city owned property
located at 120 Center Street. to Perfect Match Properties. LLC, in the
SUBJECT: amount o f$1.00. and authorizing the Mayor and C ity C lerk to execute s aid
documents.
Resolution approving a Development and Minimum Assessment Agreement,
with Perfect Match Properties, LLC, for the development of a 7,280 square-
foot building and authorizing the Mayor and City Clerk to execute said
documents.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The City acquired 120 Center Street in 2016 with demolition of the building
starting this past July and the development agreement requires the developer
to construct a 7,280 square foot building upon that site. The City will also
convey right-of-way north of 217 Conger Street to the developer and a plat
of survey will have to be completed to create a legal description and this
Summary Statement: right-of-way need to be vacated before it can be transferred. The acquisition
and removal of 120 Center Street was for economic development purposes
and redevelopment of the property is a good infill project that utilizes existing
infrastructure.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Economic Development and Sale of Property
Page 83 of 166
A part of Lot 5,Assessor Leland's Plat No. 1, in the City of Waterloo,
Black Hawk County, Iowa, bounded as follows:
Commencing at the East corner of said Lot; thence West along the South
Legal Descriptions: line of said Lot a distance of 267.23 feet; thence deflect right 90 degrees 1
minute from the last described course a distance of 234.18 feet to the
Southwesterly right of way line of the Illinois Central Railroad (formerly the
Dubuque& Sioux City Rail Road Company); thence Southeasterly along
said Southwesterly right of way line a distance of 355.27 feet more or less to
the place of beginning.
Page 84 of 166
\ I
1
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i
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POI
r CENTER ST
tinAkk ^I T
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Cit L of Waterloo,Iowa W E
Preparer: Christopher S.Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319)234-5701
After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
, 2020, by and between Perfect Match Properties, L.L.C.
("Company"), and the City of Waterloo, Iowa ("City").
RECITALS
A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015,
as amended (the "Urban Renewal Act"), City is engaged in carrying out
urban renewal project activities in an area known as the East Waterloo
Unified Urban Renewal and Redevelopment Plan Area, formerly known as
the Logan Plaza Urban Renewal and Redevelopment Plan Area ("Urban
Renewal Area").
B. Company is willing and able to finance and construct a building and
related improvements on property located in the Urban Renewal Area.
C. City considers economic development within the City a benefit to the
community and is willing for the overall good and welfare of the community
to provide financial incentives so as to encourage that goal. City believes
that the development of the Property (defined below) is in the vital and
best interests of the City and in accordance with the public purposes and
provisions of the applicable State and local laws and requirements under
which the project has been undertaken and is being assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property; Title. Subject to the terms hereof, City shall convey to
Company for the sum of $1 .00 (the "Purchase Price") the real property described on
Exhibit "A" attached hereto (the "Property"). Conveyance shall be by quit claim deed,
Page 86 of 166
free and clear of all encumbrances arising by or through City except: (a) easements,
servitudes, conditions and restrictions of record; (b) current and future real estate real
property taxes and assessments subject to the agreements made herein; (c) general
utility and right-of-way easements serving the Property; and (d) restrictions imposed by
the City zoning ordinances and other applicable law. City shall have no duty to convey
title to Company until Company delivers to City, within 30 days after completion of
demolition and environmental remediation activities, reasonable and satisfactory proof
of financial ability to undertake and carry on the Project (defined below), which may take
the form of a lending commitment letter. Company shall have no duty to accept title to
the Property until City has completed demolition and environmental remediation
activities in accordance with Section 6.A. Company shall, at its own expense, prepare
an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain
whatever form of title evidence it desires. If title is unmarketable or subject to matters
not acceptable to Company, and if City does not remedy or remove such objectionable
matters in timely fashion following written notice of such objections from Company,
Company may terminate this Agreement. City shall provide any title documents it has in
its possession, including any abstracts, to assist in title review.
2. Improvements by Company. Company shall construct on the Property a
commercial building of no less than 7,280 square feet, and related parking, landscaping,
and other improvements to the buildings and grounds, including repair of any fencing
that the parties agree is to remain in place (collectively, the "Improvements"). The
Improvements shall be constructed in accordance with the terms of this Agreement, the
Urban Renewal Plan, all applicable City, state, and federal building codes and shall
comply with all applicable City ordinances and other applicable law. Parking shall meet
City's minimum requirements based on building use, occupancy, and future intended
development on the Property. Company shall submit specific building designs, site
plans and landscape design for City review and approval before the commencement of
construction. Company will use its best efforts to obtain, or cause to be obtained, in a
timely manner, all required permits, licenses and approvals, and will meet, in a timely
manner, all requirements of all applicable local, state, and federal laws and regulations
which must be obtained or met before the Improvements may be lawfully constructed.
The Property, the Improvements, and all site preparation and development-related work
to make the Property usable for Company's purposes as contemplated by this
Agreement are collectively referred to as the "Project".
3. Timeliness of Construction; Possibility of Reverter. The parties agree
that Company's commitment to cause the Project to be undertaken and to construct the
Improvements in a timely manner constitutes a material inducement for the City to
extend the development incentives provided for in this Agreement, including but not
limited to its commitment to convey the Property to Company, and that without said
commitment City would not have done so. Subject to Unavoidable Delays (defined
below), Company must obtain a building permit and begin construction of the
Improvements within six (6) months from the date of that it receives title to the Property
from City following City's completion of demolition as set forth in Section 6.A (the
"Project Start Date"), and construction of Improvements must be Substantially
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Completed within fourteen (14) months after commencement (the "Project Completion
Date"). For purposes of this Agreement, "Substantially Completed" means the date on
which the Improvements have been completed to the extent necessary for the City to
issue a certificate of occupancy relating thereto.
If Company has not begun construction of the Improvements before the
Project Start Date, City may terminate this Agreement as set forth in Section 15, title to
the Property shall revert to City, and City shall have no further obligation hereunder. If
construction has not begun by the Project Start Date but the development of the Project
is still imminent, the City Council may, but shall not be required to, grant an extension of
the Project Completion Date. If construction has commenced within the required period
or any extended period and is stopped and/or delayed as a result of an act of God, war,
civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable
control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as
a result of Unavoidable Delays shall be added to extend the Project Completion Date by
a number of days equal to the number of days lost as a result of Unavoidable Delays,
and thereafter if construction is not completed within the allowed period of extension,
City may terminate this Agreement as set forth in Section 15, title to the Property shall
revert to City, and City shall have no further obligation hereunder.
4. Reverter of Title; Indemnity. In the event of any reverter of title,
Company agrees that it shall, at its own expense, promptly execute all documents,
including but not limited to a special warranty deed, or take such other actions as the
City may reasonably request to effectuate said reverter and to deliver to City title to the
Property that is free and clear of any lien, claim, charge, security interest, mortgage or
encumbrance (collectively, "Liens") arising by or through Company. Company shall pay
in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment
of Attorney in Fact: If Company fails to deliver such documents, including but not
limited to a special warranty deed, to City within thirty (30) days after written demand by
City, then City shall be authorized to execute, on Company's behalf and as its attorney-
in-fact, the special warranty deed required by this Section, and for such limited purpose
Company does hereby constitute and appoint City as its attorney-in-fact.
Company further agrees that it shall indemnify City and hold it harmless
with respect to any demand, claim, cause of action, damage, cost, expense, liability or
injury made, suffered, or incurred as a result of or in connection with the Project, or
Company's failure to carry on or complete same, or any Lien or Liens on or against the
Property of any type or nature whatsoever that attaches to the Property by virtue of
Company's ownership of same. If City files suit to enforce the terms of this Agreement
and prevails in such suit, then Company shall be liable for all legal expenses, including
but not limited to reasonable attorneys' fees, incurred by City. Company's duties of
indemnity pursuant to this Section shall survive the expiration, termination or
cancellation of this Agreement for any reason.
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5. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services to any location
on the Property and for payment of any associated connection fees.
6. Additional City Assistance. The incentives described in the following
subsections of this Section 6 are in addition to the other Project incentives extended by
City to Company hereunder.
A. Demolition; Environmental. City will demolish all structures on the
Property, remove all trees and stumps, fencing (except that which parties agree
to leave in place), concrete and debris, leaving a relatively level and construction-
ready site. After demolition, City will undertake a Phase II environmental site
assessment (the "ESA") and will undertake appropriate remediation of any
contamination identified by the ESA.
B. Partial Tax Exemption. Because the Property is located in a
designated Consolidated Urban Revitalization Area (CURA), the Property is
eligible for tax exemption consistent with and to the extent provided for in Iowa
law, provided that Company meets all requirements to qualify for such
exemption.
C. Additional Parcel. At a date to be determined by mutual agreement
of the parties, City will convey to Company, on the same terms as set forth in
Section 1, an additional parcel of land as legally described on Exhibit "A-1" (the
"North Parcel"). Before conveyance City must execute all procedures necessary
to vacate the North Parcel and to authorize conveyance. The North Parcel is
also subject to reverter of title as provided in Sections 3 and 4 above, on the
same terms as prescribed with respect to the Property.
7. Minimum Assessment Agreement. Company acknowledges and
agrees that it will pay when due all taxes and assessments, general or special, and all
other lawful charges whatsoever levied upon or assessed or placed against the
Property. Company further agrees that, prior to the date set forth in Section 2 of the
Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not
seek or cause a reduction in the assessed valuation for the Property as improved
pursuant to this Agreement, which shall be fixed for assessment purposes, below the
aggregate amount of$180,000.00 ("Minimum Actual Value"), through:
(i) willful destruction of the Property (other than any demolition that
may be authorized herein), Improvements, or any part of either;
(ii) a request to the assessor of Black Hawk County; or
(iii) any proceedings, whether administrative, legal, or equitable, with
any administrative body or court within the City, Black Hawk
County, the State of Iowa, or the federal government.
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Company agrees to sign and deliver the MAA to City concurrently with execution and
delivery of this Agreement.
8. No Encumbrances; Limited Exception. Until completion of the
Improvements, Company agrees that it shall not create, incur, or suffer to exist any
Liens on the Property, other than such mortgage or mortgages as may be reasonably
necessary to finance Company's completion of the Improvements and of which
Company notifies City before Company executes any such mortgage. Company may
not mortgage the Property or any part thereof for any purpose except in connection with
financing of the Improvements.
9. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property or the North Parcel prior
to completion of the Project, whether in whole or in part, to any other person or entity
without the prior written consent of City. Reasonable grounds for the City to withhold its
consent shall include but are not limited to the inability of the proposed transferee to
demonstrate to the City's satisfaction that it has the financial ability to observe all of the
terms to be performed by Company under this Agreement.
10. Additional Covenants of Company. In addition to the other promises,
covenants and agreements of Company as provided elsewhere in this Agreement,
Company agrees as follows:
A. Company agrees during construction of the Improvements and
thereafter until the MAA termination date to maintain, as applicable, builder's risk,
property damage, and liability insurance coverages with respect to the
Improvements in such amounts as are customarily carried by like organizations
engaged in activities of comparable size and liability exposure, and shall provide
evidence of such coverages to the City upon request.
B. Until Substantial Completion of the Improvements, Company shall
make such reports to City, in such detail and at such times as may be reasonably
requested by City, as to the actual progress of Company with respect to
construction of the Improvements.
C. The Property will have a taxable value as set forth in the MAA, and
Company agrees that the minimum actual value of the Property and completed
Improvements as stated in the MAA will be a reasonable estimate of the actual
value of the Property and Improvements for ad valorem property tax purposes.
Company agrees that it will spend enough in construction of the Improvements
that, when combined with the value of the Property and related site improvements,
will equal or exceed the assessor's minimum actual value for the Property and
Improvements as set forth in the MAA.
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D. Until termination of the MAA, Company will maintain, preserve and
keep the Property, including but not limited to the Improvements, in good repair
and working order, ordinary wear and tear excepted, and from time to time will
make all necessary repairs, replacements, renewals and additions.
E. Company shall pay, or cause to be paid, when due, all real property
taxes and assessments payable with respect to any and all parts of the Property.
Company agrees that (1) it will not seek administrative review or judicial review of
the applicability or constitutionality of any Iowa tax statute or regulation relating to
the taxation of real property included within the Property that is determined by
any tax official to be applicable to the Property or to Company, or raise the
inapplicability or constitutionality of any such tax statute or regulation as a
defense in any proceedings of any type or nature, including but not limited to
delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or
abatement, either presently or prospectively authorized under Iowa Code
Chapter 403 or 404, or any other state law, of the taxation of real property
included within the Property.
11. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
12. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. It is duly organized, validly existing, and in good standing under the
laws of the state of its organization and is duly qualified and in good standing
under the laws of the State of Iowa.
B. It has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed
to be conducted, and to enter into and perform its obligations under this
Agreement.
C. This Agreement has been duly and validly authorized, executed
and delivered by Company and, assuming due authorization, execution and
delivery by the other parties hereto, is in full force and effect and is a valid and
legally binding instrument of Company that is enforceable in accordance with its
terms, except as the same may be limited by bankruptcy, insolvency,
reorganization or other laws relating to or affecting creditors' rights generally.
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D. The execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, and the fulfillment of or compliance with
the terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of organization or operating agreement of Company or
of any contractual restriction, evidence of indebtedness, agreement or instrument
of whatever nature to which Company is now a party or by which it or its property
is bound, nor do they constitute a default under any of the foregoing.
E. There are no actions, suits or proceedings pending or threatened
against or affecting Company in any court or before any arbitrator or before or by
any governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business (present or
prospective), financial position, or results of operations of Company or which in
any manner raises any questions affecting the validity of the Agreement or
Company's ability to perform its obligations under this Agreement.
13. Indemnification and Releases.
A. Company hereby releases City, its elected officials, officers,
employees, and agents (collectively, the "indemnified parties") from, covenants
and agrees that the indemnified parties shall not be liable for, and agrees to
indemnify, defend and hold harmless the indemnified parties against, any loss or
damage to property or any injury to or death of any person occurring at or about
the Property or the North Parcel or resulting from any defect in the
Improvements. The indemnified parties shall not be liable for any damage or
injury to the persons or property of Company or its directors, officers, employees,
contractors or agents, or any other person who may be about the Property, the
North Parcel or the Improvements, due to any act of negligence or willful
misconduct of any person, other than any act of negligence or willful misconduct
on the part of any such indemnified party or its officers, employees or agents.
B. Except for any willful misrepresentation, any willful misconduct, or
any unlawful act of the indemnified parties, Company agrees to protect and
defend the indemnified parties, now or forever, and further agrees to hold the
indemnified parties harmless, from any claim, demand, suit, action or other
proceedings or any type or nature whatsoever by any person or entity
whatsoever that arises or purportedly arises from (1) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action,
demand or other proceeding brought by Company against the City to enforce its
rights under this Agreement), or (2) the acquisition and condition of the Property
or the North Parcel and the construction, installation, ownership, and operation of
the Improvements, or (3) any hazardous substance or environmental
contamination located in or on the Property or the North Parcel, but only to the
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extent such liability has not been previously transferred to and accepted by the
City in writing.
C. The provisions of this Section shall survive the expiration or
termination of this Agreement.
14. Default. The following shall be "Events of Default" under this Agreement,
and the term "Event of Default" shall mean any one or more of the following events that
continues beyond any applicable cure periods:
A. Failure by Company to cause the construction of the Improvements
to be commenced and completed pursuant to the terms, conditions and
limitations of this Agreement;
B. Transfer by Company of any interest (either directly or indirectly) in
the Improvements, the Property, the North Parcel or this Agreement, without the
prior written consent of City;
C. Failure by Company to pay, before delinquency, all ad valorem
property taxes levied on or against the Property or the North Parcel;
D. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement or the MAA;
E. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement, composition, readjustment, liquidation, dissolution,
or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to the Property.
F. Any representation or warranty made by Company in this
Agreement, or made by Company in any written statement or certificate furnished
by Company pursuant to this Agreement, shall prove to have been incorrect,
incomplete or misleading in any material respect on or as of the date of the
issuance or making thereof.
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15. Remedies.
A. Default by Company. Whenever any Event of Default in respect of
Company occurs and is continuing, the City may terminate this Agreement.
Before exercising such remedy, City shall give 30 days' written notice to
Company of the Event of Default, provided that by the conclusion of such period
the Event of Default shall not have been cured, or the Event of Default cannot
reasonably be cured within 30 days and Company shall not have provided
assurances reasonably satisfactory to the City that the Event of Default will be
cured as soon as reasonably possible. Upon termination, City may exercise any
and all remedies available at law, equity, contract or otherwise for recovery of
any sums paid by City to Company before the date of termination or to recover
ownership of the Property as set forth in this Agreement.
B. Default by City. Whenever any Event of Default in respect of
Company occurs and is continuing, Company may take such action against City
to require it to specifically perform its obligations hereunder. Before exercising
such remedy, Company shall give 30 days' written notice to City of the Event of
Default, provided that by the conclusion of such period the Event of Default shall
not have been cured, or if the Event of Default cannot reasonably be cured within
30 days and City shall not have provided assurances reasonably satisfactory to
the Company that the Event of Default will be cured as soon as reasonably
possible.
C. Remedies under this Agreement shall be cumulative and in addition
to any other right or remedy given under this Agreement or existing at law or in
equity or by statute. Waiver as to any particular default, or delay or omission in
exercising any right or power accruing upon any default, shall not be construed
as a waiver of any other or any subsequent default and shall not impair any such
right or power.
16. Obligations Contingent. Each and every obligation of City under this
Agreement is expressly made subject to and contingent upon City's completion of all
procedures, hearings and approvals deemed necessary by City or its legal counsel for
amendment of the urban renewal plan applicable to the Property and/or project area, all
of which must be completed within 180 days from the date this Agreement is approved
by the City council. If such completion does not occur, then any conveyance, benefit or
incentive of any type provided by City hereunder within said 180-day period is subject to
reverter of title, revocation, repayment or other appropriate action to restore such
property, benefit or incentive to City, and Company agrees to cooperate diligently and in
good faith with any reasonable request by City to effectuate the restoration of same, or
failing such restoration Company agrees to be liable for same or for the fair value
thereof, plus interest on any sums owing at the rate of 10% per annum commencing
with the date of demand for payment, if said payment is not remitted to City within 30
days.
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17. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of Company to be performed is a material term of
this Agreement, and each and every such promise, covenant, representation, and
warranty constitutes a material inducement for City to enter this Agreement. Company
acknowledges that without such promises, covenants, representations, and warranties,
City would not have entered this Agreement. Upon breach of any promise or covenant,
or in the event of the incorrectness or falsity of any representation or warranty, City
may, at its sole option and in addition to any other right or remedy available to it,
terminate this Agreement and declare it null and void.
18. Performance by City. Company acknowledges and agrees that all of the
obligations of City under this Agreement shall be subject to, and performed by City in
accordance with, all applicable statutory, common law or constitutional provisions and
procedures consistent with City's lawful authority. All covenants, stipulations, promises,
agreements and obligations of City contained in this Agreement shall be deemed to be
the covenants, stipulations, promises, agreements and obligations of City and not of any
governing body member, officer, employee or agent of City in the individual capacity of
such person.
19. No Third-Party Beneficiaries. No rights or privileges of any party hereto
shall inure to the benefit of any contractor, subcontractor, material supplier, or any other
person or entity, and no such contractor, subcontractor, material supplier, or other
person or entity shall be deemed to be a third-party beneficiary of any of the provisions
of this Agreement.
20. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one
of the foregoing means), and addressed:
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number
319-291-4571, Attention: Mayor, with copies to the City Attorney and the
Community Planning and Development Director.
(b) if to Company, at 124 Center Street, Waterloo, Iowa 50703,
Attention: Robert Adams.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains
written electronic confirmation from the sending facsimile machine that such
transmission was successful. A party may change the address for giving notice by any
method set forth in this Section.
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21. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or
any other relationship between the City and Company nor to create any liability for one
party with respect to the liabilities or obligations of the other party or any other person.
22. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
23. Severability; Reformation. Each provision, section, sentence, clause,
phrase, and word of this Agreement is intended to be severable. If any portion of this
Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the
offending provision or part thereof shall be deemed severed from this Agreement and
the remaining provisions of this Agreement shall not be affected thereby and shall
continue in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
24. Captions. All captions, headings, or titles in the paragraphs or sections of
this Agreement are inserted only as a matter of convenience and/or reference, and they
shall in no way be construed as limiting, extending, or describing either the scope or
intent of this Agreement or of any provisions hereof.
25. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
26. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
27. Entire Agreement. This Agreement, together with the exhibits attached
hereto, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
28. Time of Essence. Time is of the essence of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
[signatures on next page]
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CITY OF WATERLOO, IOWA PERFECT MATCH PROPERTIES,
L.L.C.
By: By:
Quentin M. Hart, Mayor Robert M. Adams, President
Attest:
Kelley Felchle, City Clerk
PERSONAL GUARANTY. The undersigned person(s), being either an owner,
officer, shareholder, member and/or manager of Company, hereby agree for
themselves and their heirs, personal representatives, and assigns, to unconditionally
guarantee to City, its successors and assigns, the full and prompt performance by
Company, its successors and assigns, of all promises and covenants on the part of
Company to be performed pursuant to the foregoing Agreement, including but not
limited to the duties of indemnity set forth therein, if any. Liability of guarantors
hereunder is joint and several.
Robert M. Adams
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EXHIBIT "A"
Legal Description of Property.
A part of Lot 5, Assessor Leland's Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa,
bounded as follows:
Commencing at the East corner of said Lot; thence West along the South line of said Lot a
distance of 267.23 feet; thence deflect right 90 degrees 1 minute from the last described course
a distance of 234.18 feet to the Southwesterly right of way line of the Illinois Central Railroad
(formerly the Dubuque & Sioux City Rail Road Company); thence Southeasterly along said
Southwesterly right of way line a distance of 355.27 feet more or less to the place of beginning.
Page 99 of 166
EXHIBIT "A-1"
Legal Description of North Parcel:
(to be determined at a future date)
Page 100 of 166
EXHIBIT "B"
MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement (the "Agreement") is entered into as of
, 2020, by and among the CITY OF WATERLOO, IOWA ("City"),
Perfect Match Properties, L.L.C. ("Company"), and the COUNTY ASSESSOR of the
City of Waterloo, Iowa ("Assessor").
WITNESSETH:
WHEREAS, on or before the date hereof the City and Company have entered
into a development agreement (the "Development Agreement") regarding certain real
property, described in Exhibit "A" thereto, located in the City; and
WHEREAS, it is contemplated that pursuant to the Development Agreement, the
Company will undertake the development of an area ("Project") within the City and
within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area,
formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area; and
WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the
Company desire to establish a minimum actual value for the land and the building(s)
pursuant to this Agreement and applicable only to the Project, which shall be effective
upon substantial completion of the Project and from then until this Agreement is
terminated pursuant to the terms herein and which is intended to reflect the minimum
actual value of the land and buildings as to the Project only; and
WHEREAS, the City and the Assessor have reviewed the preliminary plans and
specifications for the improvements (the "Improvements") which the parties contemplate
will be erected as a part of the Project.
NOW, THEREFORE, the parties hereto, in consideration of the promises,
covenants, and agreements made by each other, do hereby agree as follows:
1. Upon substantial completion of construction of the Improvements by the
Company, the minimum actual value which shall be fixed for assessment purposes for
the land and Improvements to be constructed thereon by the Company as a part of the
Project shall not be less than $180,000.00 ("Minimum Actual Value") until termination of
this Agreement. The parties hereto agree that construction of the Improvements will be
substantially completed before December 31, 2022. If they are not, then the parties
agree to execute an amendment to this Agreement that will extend the dates specified
in Section 2 below.
2. The Minimum Actual Value herein established shall be of no further force
and effect, and this Minimum Assessment Agreement shall terminate, on December 31,
2029. Nothing herein shall be deemed to waive the Company's rights under Iowa Code
Page 101 of 166
§ 403.6, as amended, to contest that portion of any actual value assignment made by
the Assessor in excess of the Minimum Actual Value established herein. In no event,
however, shall the Company seek or cause the reduction of the actual value assigned
below the Minimum Actual Value established herein during the term of this Agreement.
Nothing herein shall limit the discretion of the Assessor to assign at any time an actual
value to the land and Improvements in excess of the Minimum Actual Value.
3. Company agrees that it will not seek administrative review or judicial
review of the applicability or constitutionality of any Iowa tax statute or regulation
relating to the taxation of real property included within the Property that is determined by
any tax official to be applicable to the Property or to Company, or raise the
inapplicability or constitutionality of any such tax statute or regulation as a defense in
any proceedings.
4. This Agreement shall be promptly recorded by the City with the Recorder
of Black Hawk County, Iowa. The City shall pay all costs of recording.
5. Neither the preambles nor provisions of this Agreement are intended to, or
shall be construed as, modifying the terms of the Development Agreement.
6. This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties, including but not limited to future owners of the
Project property.
CITY OF WATERLOO, IOWA PERFECT MATCH PROPERTIES,
L.L.C.
By: By:
Quentin M. Hart, Mayor Robert M. Adams, President
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
On this day of , 2020, before me, a Notary Public in and
for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me
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personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said municipal corporation, and that said instrument was signed
and sealed on behalf of said municipal corporation by authority and resolution of its City
Council, and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipal corporation by it and by them voluntarily executed.
Notary Public
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
Subscribed and sworn to before me on , 2020, by Robert M.
Adams as President of Perfect Match Properties, L.L.C.
Notary Public
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CERTIFICATION OF ASSESSOR
The undersigned, having reviewed the plans and specifications for the
improvements to be constructed and the market value assigned to the land upon which
the improvements are to be constructed for the development, and being of the opinion
that the minimum market value contained in the foregoing Minimum Assessment
Agreement appears reasonable, hereby certifies as follows: The undersigned
Assessor, being legally responsible for the assessment of the property subject to the
development, upon completion of improvements to be made on it and in accordance
with the Minimum Assessment Agreement, certifies that the actual value assigned to
such land and building upon completion of the development shall not be less than One
Hundred Eighty Thousand Dollars ($180,000.00) in the aggregate, until termination of
this Minimum Assessment Agreement pursuant to the terms hereof.
Assessor for Black Hawk County, Iowa
Date
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
Subscribed and sworn to before me on , 2020, by T.J.
Koenigsfeld, Assessor for Black Hawk County, Iowa.
Notary Public
Page 104 of 166
CITY OF WATERLOO
Council Communication
Resolution approving FY 2021 Grant Agreement with the Iowa Department of Transportation Aviation Bureau
Commercial Service Vertical Infrastructure Program, Contract No. 22634, Project No. 9-I-210-ALO-200, in
the amount of$67,090, for additional Waterloo Regional Airport Hangar Improvements, and authorizing the
Mayor and City Clerk to execute said document.
City Council Meeting: 9/28/2020
Prepared: 9/23/2020
ATTACHMENTS:
Description Type
❑ Iowa DOT Letter for FY-2021 Grant Cover Memo
❑ Iowa DOT CSVI Grant for FY-2021 Backup Material
Resolution approving FY 2021 Grant Agreement with the Iowa Department
of Transportation Aviation Bureau Commercial Service Vertical
SUBJECT: Infrastructure Program. Contract No. 22634, Project No. 9-I-210-ALO-
200, in the amount of$67.090, for additional Waterloo Regional Airport
Hangar Improvements, and authorizing the Mayor and City Clerk to execute
said document.
Submitted by: Submitted By:Keith Kaspad Airport Director
Recommended Action: Approve of the above request by Staff.
Grant agreement, reduced in a significant way- and for FY-21 by nearly
50%, will allow Airport Staff to continue - albeit in a small way, the
continuation of interior improvements to a few aircraft storage hangars at
Summary Statement: Waterloo Regional Airport.
For this specific upcoming project, Staff s intent is to utilize the above funds
to continue the replacement of older and less energy efficient hangar bay area
lighting in a number of the larger hangars on the airport grounds.
Expenditure Required: This grant agreement from the State, is at 100% with no required match by
the City of Waterloo /Airport Dept.
Iowa Department of Transportation-via their annual Commercial Service
Vertical Infrastructure Program- or C S VI.
Source of Funds:
This grant is via the State Aviation Fund, or SAF, with no grant match
requirement of the City of Airport Dept.
This project with the above funds, complies with the City of Waterloo's
Strategic Plan, as follows:
Policy Issue: Goal No: 3 and Strategy No: 3.1, 3.3, 3.4, 3.5 and 3.7.
Page 105 of 166
Goal No:4 and Strategy No:4.5.
Alternative: No project alternatives are being considered for the above use of the funds.
For many years, Staff has directed the C S VI funds for exterior, interior
Background Information: improvements to the vertical infrastructure(hangar buildings, etc.) at the
airport.
Legal Descriptions: Not Applicable for this request from Staff.
Page 106 of 166
C 44 1 INA T
SMARTER 1 SIMPLER I CUSTOMER DRIVEL www•lowadot.gov
Aviation Bureau
800 Lincoln Way I Ames, Iowa 50010
Phone: 515-239-1691
September 16, 2020
Waterloo Regional Airport
Keith Kaspari
2790 Livingston Lane
Waterloo, IA 50703
Dear Keith:
The FY 2021 Commercial Service Vertical Infrastructure project you requested was
approved for funding by the Iowa Transportation Commission on August 17, 2020
Attached is an agreement between the airport sponsor and the Iowa Department of
Transportation(Iowa DOT). The sponsor should review, sign, and email a signed
copy to me. Hard copies are not required this year. Once received, we will sign and
return one fully executed contract to the sponsor. You are authorized to begin your
project after receiving the contract with both Iowa DOT and Sponsor signatures in
place. You have 90 days to sign the grant and return it to the Iowa DOT for our
signature. The 12-month requirement to have the project under contract remains in
place. Any contracts not returned within the 90-day window may be cancelled.
Please review the agreement noting your required responsibilities and assurances,
required affirmative action, targeted small business and audit requirements. If you
will be requesting reimbursement for engineering services, you will need to provide
me with a copy of the agreement. The Iowa DOT recommends that your engineering
agreements are either lump sum, or cost plus with fixed overhead rate and maximum
dollar amount. Any engineering agreement more than $50,000 must have a pre-audit
completed by the Iowa DOT. All engineering agreements that are paid with state
funds are subject to a final audit. Please include state related nondiscrimination and
targeted small business clauses in your agreements.
The project must be under obligation within 12 months. Please note that only expenses
incurred on or after the Iowa DOT signature date on the agreement are eligible for
reimbursement. Submit claims for reimbursement with copies of invoices, canceled checks
Page 107 of 166
or other documentation that the bills have been paid. Reimbursement will be in whole
dollars, rounding down; however, the final reimbursement request may include any `lost
cents' up to the maximum grant amount. Reimbursement requests should be made in the
same fiscal year that the work is completed. Reimbursement for work done near the end of a
state fiscal year(June 30)must be requested by August 1. Please note that due to
legislative changes for funding this year,these funds revert two years after the end of
the fiscal year for which the appropriation is made instead of three.
A final acceptance form must be completed and submitted with the final claim for
reimbursement. Required forms can be downloaded from the Aviation Bureau Web
site at http://www.iowadot.gov/aviation/managersandsponsors/forms.html.
If you have any questions regarding this information,please call me at 515-239-1048.
Good luck with your airport project!
Sincerely,
Shane Wright, C.M.
Program Manager
Enclosures
cc: Stuart Anderson - Planning, Programming and Modal Division Director
■ ► ■► ■ ■ ■ ■ ■■■ ■ ■ ■
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT
FOR THE FISCAL YEAR 2021
COMMERCIAL SERVICE VERTICAL INFRASTRUCTURE PROGRAM (CSVI)
This AGREEMENT is made between the Iowa Department of Transportation called the "Iowa
DOT" and City of Waterloo, hereafter the "SPONSOR".
1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and
obligations for accomplishment of certain improvements at the
Waterloo Regional Airport, hereafter the "Airport".
Improvements shall consist of. Hangar Rehabilitation , as more clearly
defined in the project application.
It shall be referred to as the "Project" and shall be identified by
Project number: 91210AL0200
Contract number: 22634
2.0 GENERAL PROVISIONS
2.01 The SPONSOR shall have 90 days to sign and return this agreement or the Iowa DOT
reserves the right to revoke this grant.
2.02 The SPONSOR shall have the project under contract no later than 12 months after the date
of the agreement or the Iowa DOT reserves the right to revoke this grant.
2.03 The Iowa DOT agrees to reimburse the SPONSOR 100% of the eligible project costs, not
to exceed the maximum amount payable of$67090 incurred according to the terms of this
agreement. Reimbursement will be made in whole dollar amounts only, rounded down.
Final payment request may include documentation of unreimbursed amounts due to
rounding. Final reimbursement will be made up to the contract amount in whole dollars.
2.04 All projects meeting the definition of public improvements shall follow the competitive bid
and competitive quotation procedures for vertical infrastructure as identified in Chapter
26 of the Code of Iowa and 761 Iowa Administrative Code Chapter 180.
(http://www.legis.state.ia.us/Rules/Current/iac/76liac/tl80/tl8O.pdf)
• Competitive bid procedures for all projects greater than $139,000.
• Competitive quotation procedures for airport authorities and city sponsors with
populations greater than 50,000 for projects between $77,000 and$139,000
• Competitive quotation procedures for airport authorities and city sponsors with
population of 50,000 or less for projects between$57,000 and $139,000,
• Informal local procedures for projects less than the thresholds identified for
competitive quotations.
The SPONSOR shall follow requirements of the Iowa Code Section 544A.18, 193B Iowa
Administrative Code Chapter 5, Chapter 542B of the Code of Iowa, and 193C
Administrative Code Chapter 1 to determine when professional engineering or
architectural plans and specifications must be used. The SPONSOR shall submit any
Page 109 of 166
plans, specifications and other contract documents to the Iowa DOT for its files.
2.05 Should the SPONSOR fail to comply with any Condition or Assurance provided herein,
the Iowa DOT may withhold further payment and may require reimbursement of any or
all payments made by the Iowa DOT toward accomplishment of the Project.
2.06 The Iowa DOT shall not waive any right of authority by making payments pursuant to
this agreement, and such payments shall not constitute approval or acceptance of any part
of the Project.
2.07 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable
to, any third parties by reason of this agreement.
2.08 If any provision of this agreement is held invalid, the remainder of this agreement shall
not be affected thereby if such remainder would then continue to conform to applicable
law and the intent of this agreement.
2.09 The Iowa DOT shall determine what costs charged to the project account are eligible for
participation under the terms of this agreement and the SPONSOR shall bear all
additional costs accepted and paid. Only those eligible costs incurred after this
agreement is executed shall be reimbursed,unless the SPONSOR receives written notice
from the Iowa DOT that the Sponsor has authority to incur costs.
2.10 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the
right to enforce, and may require the SPONSOR to comply with, any and all Conditions
and Assurances agreed to herein.
2.11 The Iowa DOT's obligations hereunder shall cease immediately, without penalty of
further payment being required, in any year for which the General Assembly of the State
of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the
Iowa DOT's obligations hereunder shall cease immediately without penalty of further
payment being required at any time where there are not sufficient authorized funds
lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give
the SPONSOR notice of such termination of funding as soon as practicable after the Iowa
DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such
notice, the SPONSOR may terminate this agreement or any part thereof.
2.12 The SPONSOR is the contracting agent and, as such, retains sole responsibility for
compliance with local, state and federal laws and regulations related to accomplishment
of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act
of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements
imposed by or pursuant to the end that no person in the United States shall, on the
grounds of race, color, or national origin,be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity
receiving financial assistance from the Iowa DOT.
In accordance with Iowa Code Chapter 216, the SPONSOR shall not discriminate against
any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity,
national origin, religion,pregnancy, or disability.
2.13 Funding will be available for reimbursement of the project for two years after the date of
Page 110 of 166
the agreement,unless appropriations are withdrawn under 2.10. Assurances in this
agreement remain in full force and effect for a period of 20 years from the date of the
agreement.
2.14 The SPONSOR agrees to indemnify, defend, and to hold the Iowa DOT harmless from
any action or liability out of the design, construction, maintenance and inspection or use
of this project. This agreement to indemnify, defend, and hold harmless applies to all
aspects of the Iowa DOT's application review and approval process,plan and
construction reviews, and funding participation.
2.15 In the case of any dispute concerning the terms of this agreement, the parties shall submit
the matter to arbitration pursuant to the Iowa Code Chapter 679A. Either party has the
right to submit the matter to arbitration after 10 days notice to the other party of the intent
to seek arbitration. The written notice must include a precise statement of the dispute.
The Iowa DOT and the SPONSOR agree to be bound by the decision of the appointed
arbitrator. Neither party may seek any remedy with the State or Federal courts absent
exhaustion of the provisions of this paragraph for arbitration.
2.16 Infrastructure and/or work products developed through this grant become the property of
the SPONSOR and the SPONSOR's responsibility to maintain.
2.17 The attached Exhibit A, "Utilization of Targeted Small Business (TSB) Enterprises on
Non-Federal Aid Projects (Third-Party State Assisted Projects),"will apply and is hereby
made a part of this Agreement.
3.00 PROJECT CONDITIONS
3.01 The SPONSOR Agrees to:
(a) Let contracts according to provisions of Chapter 26 of the Iowa Code and preside
at all public hearings occasioned by the Project.
(b) Contract for all professional and construction services as needed, submitting a
copy of any engineering/consultant contract to the Iowa DOT. If the
engineering/consultant agreement is more than $50,000 and the sponsor will
request state reimbursement for the engineering/consultant services,the agreement
must be submitted to the Iowa DOT for pre-audit prior to execution of the
agreement.
(c) Establish and maintain a project schedule and provide the schedule to the Iowa
DOT.
(d) Obtain and provide the sales tax exemption certificates through the Iowa
Department of Revenue and Finance to the successful bidder and any
subcontractors to enable them to purchase qualifying materials for the project free
of sales tax.
(e) Submit to the Iowa DOT a Request for Reimbursement form, copies of invoices,
and proof of payment for reimbursement. Progress payments are allowed.
(f) Inspect work and equipment, test materials, and control construction to ensure that
the design intent of the plans and specifications is achieved.
(g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access
to review the completed project.
(h) Certify satisfactory completion of the Project by resolution or signed final
acceptance form and provide a copy to the Iowa DOT.
(i) Retain all records relating to project cost, including supporting documents, for a
Page 111 of 166
period of three (3)years following final payment by the Iowa DOT, and to make
such records and documents available to Iowa DOT personnel for audit.
(j) Ensure that applicable General Provisions and Project Conditions are included in
any agreement between the SPONSOR and Engineer/Consultant.
4.00 SPECIAL PROVISIONS
4.01 The Project is for the sole purpose and use of aviation related activities and must be
owned by the SPONSOR. The SPONSOR shall not lease airport space constructed with
this grant to activities unrelated to aviation.
5.00 SPONSOR ASSURANCES
By authorizing execution of this agreement the SPONSOR hereby certifies that:
5.01 It will not enter into any transaction which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the assurances made herein, unless by such
transaction the obligation to perform all such covenants are assumed by another public
agency found by the Iowa DOT to be eligible under the laws of the State of Iowa to
assume such obligations and to have the power, authority, and financial resources to carry
out all such obligations. If an arrangement is made for the management or operation of
the Airport by any agency or person other than the SPONSOR or an employee of the
SPONSOR, the SPONSOR will reserve sufficient rights and authority to insure that the
Airport will be operated and maintained in accordance with these assurances. The
SPONSOR retains responsibility for compliance with these assurances and all other
provisions of this agreement, regardless of any arrangement for management or operation
of the airport.
5.02 It will not dispose of or encumber its title or other interests in the site and facilities during
the 20-year period of this agreement.
5.03 It will operate and maintain in a safe and serviceable condition the Airport and all
facilities thereon and connected therewith which are necessary to service the aeronautical
users of the Airport and will not permit any activity thereon which would interfere with
its use for airport purposes.
5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition
and retention of easements or other interests in or rights for the use of land or airspace
and by the adoption and enforcement of zoning regulations, prevent the construction,
erection, alteration, or growth of any structure, tree, or other object in the approach areas
of the runways of the Airport,which would constitute an obstruction to air navigation
according to the criteria or standards prescribed in Section 77.23 as applied to Section
77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not
erect or permit the erection of any permanent structure or facility which would interfere
materially with the use, operation, or future development of the Airport, or any portion of
a runway approach area in which the Sponsor has acquired, or hereafter acquires.
5.05 It will operate and maintain the facility in accordance with the minimum standards as
may be required or prescribed by the Iowa DOT for the maintenance and operation of
such facilities as identified in the Iowa Administrative Code 761-Chapter 720.10
Page 112 of 166
5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of
this covenant(but without limiting its general applicability and effect), the SPONSOR
specifically agrees that it will keep the Airport open to all types, kinds, and classes of
aeronautical use on fair and reasonable terms without unlawful discrimination between
such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not
unjustly discriminatory conditions to be met by all users of the Airport as may be
necessary for the safe and efficient operation of the airport. The SPONSOR may also
prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such
action is necessary for the safe operation of the Airport or necessary to serve the civil
aviation need of the public. It will operate the Airport on fair and reasonable terms, and
without unjust discrimination.
5.07 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan.
The SPONSOR will not make or permit the making of any changes or alterations in the
Airport or any of its facilities other than in conformity with the airport layout plan, if
such changes or alterations might adversely affect the safety, utility, or efficiency of the
Airport.
6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement
the SPONSOR authorized the undersigned to execute this agreement.
Signed this day of , on behalf of the
SPONSOR.
By: Attested:
Title: Title:
Signed this day of , on behalf of the Iowa Department of Transportation.
By:
Stuart Anderson
Director
Planning, Programming and Modal Division
Page 113 of 166
Exhibit A
CONTRACT PROVISION
Targeted Small Business (TSB)
Affirmative Action Responsibilities
on
Non-Federal Aid Projects(Third-Party State-Assisted Projects)
March 2019
Page 114 of 166
March 2019
CONTRACT PROVISION
Targeted Small Business(TSB)Affirmative Action Responsibilities on Non-Federal-aid
Projects(Third-party State-Assisted Projects)
1. TSB DEFINITION
A TSB is a small business, as defined by Iowa Code Section 15.102(l 0), which is 51% or more owned, operated
and actively managed by one or more women, minority persons, service-disabled veterans or persons with a
disability provided the business meets all of the following requirements: is located in this state, is operated for profit
and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal
years.
2. TSB REQUIREMENTS
In all State-assisted projects made available through the Iowa Department of Transportation, local governments have
certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business
enterprises.These requirements are based on Iowa Code Section 198.7.These requirements supersede all existing TSB
regulations, orders, circulars and administrative requirements.
3. TSB DIRECTORY INFORMATION
Available from: Iowa Economic Development Authority
Targeted Small Business Certification Program
200 East Grand Avenue
Des Moines, IA 50309
Phone: (515-348-6159)
Website: https://iowaeconomicdevelopment.com/tsb
4. THE CONTRACTOR'S TSB POLICY
The contractor is expected to promote participation of disadvantaged business enterprises as suppliers,
manufactures and subcontractors through a continuous, positive, result-oriented program.Therefore,the contractor's
TSB policy shall be:
It is the policy of this firm that Targeted Small Business(TSB)concerns shall have the maximum practical
opportunity to participate in contracts funded with State-assisted funds which are administered by this firm
(e.g.suppliers, manufactures and subcontractors).The purpose of our policy is to encourage and increase
the TSB participation in contracting opportunities made available by State-assisted programs.
5. CONTRACTOR SHALL APPOINTAN EQUAL EMPLOYMENT OPPORTUNITY(EEO)OFFICER
The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action
responsibilities.This person shall have the necessary statistics,funding,authority and responsibility to carry out
and enforce the firm's EEO policy.The EEO officer shall be responsible for developing,managing and implementing
program on a day-to-day basis.The officer shall also:
A. For current TSB information,contact the Iowa Economic Development Authority(515-348-6159)to
potential material suppliers, manufactures and contractors.
B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into
the firm's bid.
C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the
materials or expertise to perform the work to be subcontracted,at least two weeks prior to the time
quotations are to be submitted. Maintain complete records of negotiation efforts.
D. Provide or arrange for assistance to TSBs in seeking bonding,analyzing plans/specifications or other
actions that can be viewed as technical assistance.
Page 1 Page 115 of 166
TSB Affirmative Action Responsibilities
E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements.
F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and
affirmative action provisions
1. COUNTING TSBs PARTICIPATION ON A PROJECT
TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or
other commercially useful function.
A. The bidder may count:
(1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers;
or
(2) Work to be subcontracted to a TSB; or
(3) Any other commercially useful function.
B. The contractor may count:
(1) 100%of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from
raw materials.
(2) 60%of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a
commercially useful function in the supply process.
(3) Only those expenditures to TSBs that perform a commercially useful function in the work of a
contract, including those as a subcontractor.
(4) Work the Contracting Authority has determined that it involves a commercially usefulfunction. The
TSB must have a necessary and useful role in the transaction of a kind for which there is a market
outside the context of the TSB program. For example, leasing equipment or purchasing materials
from the prime contractor would not count.
2. REQUIRED DATA,DOCUMENTS AND CONTRACTAWARD PROCEDURES FROM BIDDERS/CONTRACTORS
FOR PROJECTS WITH ASSIGNED GOALS
A. Bidders
Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the
contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre-Bid Contact
Information". This form includes:
(1) Name(s)of the TSB(s)contacted regarding subcontractable items.
(2) Date ofthe contract.
(3) Whether or not a TSB bid/quotation was received.
(4) Whether or not the TSB's bid/quotation was used.
(5) The dollar amount proposed to be subcontracted.
B. Contractors Using Quotes From TSBs
Use those TSBs whose quotes are listed in the"Quotation Used in Bid"column along with a"yes" indicated
on the Pre-bid Contact Information form.
Page 2 Page 116 of 166
A. Contractors NOT Using Quotes From TSBs
If there are no TSBs listed on the Pre-bid Contract Information form,then the contractor shall document all
efforts made to include TSB participation in this project by documenting the following:
(1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended?
(2) Which general news circulation,trade associations and/or minority-focused media were
advertised concerning the subcontracting opportunities?
(3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time
allowed for the TSBs to participate effectively?
(4) Were initial solicitations of interested TSBs followed up?
(5) Were TSBs provided with adequate information about the plans, specifications and requirements
of the contract?
(6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was
the decision based on an investigation of their capabilities?
(7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by
the contractor?
(8) Were services used of minority community organization, minority contractors'groups; local,
State and Federal minority business assistance offices or any other organization providing
such assistance.
The above documentation shall remain in the contractor's files fora period of three(3)years after the
completion of the project and be available for examination by the IowaEconomic Development Authority.
3. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED
Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are not
assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If
there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the
contract award.
Page 3
Page 117 of 166
Form 730007WP 7-97
Contractor Page#
Project# TARGETED SMALL BUSINESS (TSB)
PRE-BID CONTACT INFORMATION
County
City
(To Be Completed By All Bidders per the Current Contract Provision)
In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid
submission. This information is subject to verification and confirmation.
In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as
to whether or not the apparent successful low bidder made good faith efforts to meet the goals.
NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in
the bid, it is assumed that the firm listed will be used as a subcontractor.
TABLE OF INFORMATION SHOWING BIDDERS PRE-BID
TARGETED SMALL BUSINESS TSB CONTACTS
SUBCONTRACTOR TSB DATES QUOTES RECEIVED QUOTATION USED IN BID
CONTACTED
YES/ DATES YES/ DOLLAR AMT. PROPOSED
NO CONTACTED NO TO BE SUBCONTRACTED
Total dollar amount proposed to be subcontracted to TSB on this project$
List items by name to be subcontracted:
Page 4 Page 118 of 166
UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON NON-FEDERAL AID PROJECTS
(THIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 196.7, it is the policy of the Iowa Department of Transportation (Iowa DOT)that Targeted Small
Business(TSB)enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in
whole or part with State funds.
Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize
TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to
utilize TSB firms as subcontractors, subconsultants,suppliers, or participants in the work covered by this agreement.
The Recipient's"positive efforts"shall include, but not be limited to:
1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority(515-725-3132)or from its website
at: https://www.iowa.gov/tsb/index.php/home.
2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to
allow the TSB firms to participate effectively in the bidding or request for proposal (RFP)process.
3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of
subcontract work.
4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for
which State funds will be used. Contract goals may vary depending on the type of project,the subcontracting opportunities
available,the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area.
5. For construction contracts:
a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid
Projects(Third-Party State-Assisted Projects)"or a similar document developed by the Recipient. This contract provision
is available on-line at:
http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf
b) Ensuring that the awarded contractor has and shall follow the contract provisions.
6. For consultant contracts:
a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set.
b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include
obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded
with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract
proposal, an explanation why such a TSB firm will not be used.
The Recipient shall provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such
documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file.
2. Bidding proposals or RFPs noting established TSB goals, if any.
3. The attached"Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa
Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way,Ames, IA 50010.
Page 5 Page 119 of 166
CHECKLIST AND CERTIFICATION
For the Utilization of Targeted Small Businesses (TSB)
On Non-Federal-aid Projects (Third-Party State-Assisted Projects)
Recipient: Project Number:
County: Agreement Number:
1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑YES ❑ NO
If no, explain
2. Were qualified TSB firms notified of project? ❑YES I NO
If yes, by ❑ letter, telephone, ❑ personal contact, or -1 other(specify)
If no, explain
3. Were bids or proposals solicited from qualified TSB firms? ❑YES ❑ NO
If no, explain
4. Was a goal or percentage established for TSB participation? F- YES NO
If yes, what was the goal or percentage?
If no, explain why not:
5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑YES ❑ NO
If no, what action was taken by Recipient?
Is documentation in files? ❑YES ❑ NO
6. What was the dollar amount reimbursed to the Recipient
from the Iowa Department of Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSB firms? $
Name(s) and address(es)of the TSB firm(s)
(Use additional sheets if necessary)
Was the goal or percentage achieved? I YES ❑ NO
If no, explain
As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize
TSB firms as participants in the State-assisted contracts associated with this project.
Title
Signature
Page 6 Page 120 of 166
Page 121 of 166
CITY OF WATERLOO
Council Communication
Resolution accepting a Quit Claim Deed for the sewer lift station property located at 3931 Texas Street, from
Black Hawk County, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said
documents.
City Council Meeting: 9/28/2020
Prepared: 9/21/2020
ATTACHMENTS:
Description Type
❑ Quit Claim Deed 3931 Texas Backup Material
Resolution accepting a Quit Claim Deed for the sewer lift station property
SUBJECT: located at 3931 Texas Street. from Black Hawk County in the amount of
$1.00, and authorizing the Mayor and City Clerk to execute said documents.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Authorization of the acquisition of site as described in the amount of$1.00.
The City of Waterloo operates and maintains a sewer lift station on property
at 3931 Texas Street, but the property is in the name of Black Hawk
County. It would appear that the County has owned the property since
Summary Statement: 1923, and the lift station was built in 1971. The County has no need for the
property, which would have been in the unincorporated areas of Black Hawk
County in 1923. The Board of Supervisors have taken action to sell the
property by quit claim deed to the City of Waterloo for$1.00.
Expenditure Required: $1.00
Source of Funds: Planning Department line item legal costs
A tract of land in the Northeast Quarter(NE 1/4) of the Northwest Quarter
(NW 1/4) of Section Number Twelve(12), Township Number Eighty-eight
(88)North, Range Number Thirteen(13) West of the 5th P.M., in Black
Hawk County, Iowa, described as follows:
Beginning at a point which is the intersection of the North line of Section
Twelve (12), Township Number Eighty-eight(88)North, Range Number
Thirteen(13)West of the 5th P M. and the Northeasterly boundary line of
Texas Street, formerly US Highway 218, and formerly the public highway
Legal Descriptions: known as Primary Road No. 40, which is sixty-six feet(66') in width;thence
in a southeasterly direction and along the said Northeasterly boundary line of
said public highway three hundred seventy-six and three tenths feet(376.3');
thence in an easterly direction eighty and five tenths feet(80.5'); thence
northwesterly along the southwesterly boundary line of the C.R. I. & P.
Railroad right of way three hundred fifty-five feet(355');thence West along
the North line of Section Twelve (12), Township 88 North, Range 13 West
Page 122 of 166
one hundred four feet(104')to the point of beginning, and containing six
tenths (0.6) of an acre.
Page 123 of 166
Return To: Aric Schroeder, City of Waterloo Community Planning and Development, 715 Mulberry
Street,Waterloo, IA 50703
Taxpayer: Currently Exempt
Preparer: Michael O. Treinen, Assistant Black Hawk County Attorney
QUIT CLAIM DEED
For the consideration of One Dollar($1.00)and other valuable consideration,Black Hawk County,
Iowa,does hereby Quit Claim to City of Waterloo,Iowa,all its right,title,interest,estate,claim and demand
in the following described real estate in Black Hawk County, Iowa:
A tract of land in the Northeast Quarter(NE 1/4)of the Northwest Quarter(NW 1/)
of Section Number Twelve (12),Township Number Eighty-eight(88)North,Range
Number Thirteen (13)West of the 5th P.M.,in Black Hawk County,Iowa,described
as follows:
Beginning at a point which is the intersection of the North line of Section Twelve
(12),Township Number Eighty-eight(88)North,Range Number Thirteen (13)West
of the 5th P.M. and the Northeasterly boundary line of Texas Street, formerly US
Highway 218,and formerly the public highway known as Primary Road No.40,
which is sixty-six feet(66')in width; thence in a southeasterly direction and along
the said Northeasterly boundary line of said public highway three hundred seventy-
six and three tenths feet(376.3'); thence in an easterly direction eighty and five
tenths feet(805); thence northwesterly along the southwesterly boundary line of
the C. R. I. & P.Railroad right of way three hundred fifty-five feet(355'); thence
West along the North line of Section Twelve(12),Township 88 North,Range 13
West one hundred four feet(104')to the point of beginning,and containing six
tenths (0.6) of an acre.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share
in and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular
or plural number, and as masculine or feminine gender, according to the context.
Dated: S Fad ryl e Ps . 7
BLACK HAW COUN O A
.►•'"`•. JAMES PERRY
�14{IVIMWN By(sign):
.��.
Print Name:
Its Authorized Agent e}tA ik, 0964-2n
STATE OF IOWA, COUNTY OF BLACK HAWK, ss:
Thi istrument was acknowledged before me on this J_day of T�N9� , 2020, by
aes). .� , as authorized agent for Black Hawk C , Iowa.
Notary is in an o ate of Iowa
Page 124 of 166
CITY OF WATERLOO
Council Communication
Resolution supporting the application by Black Hawk Contracting& Development Co., for the Iowa
Workforce Housing Tax Incentives Program, to construct four(4)new single family homes, three(3)homes
located on Lots 2, 3 and 4 of Baltimore Field 1st Addition and one (1)on the easterly part of Lot 2 of
Crossroads Estates Replat No. 5, as Project Number 17-WHTIP-045, replacing previously approved lots 1,
4, 5 and 6 of Hillside Addition, with a local match of the City Limits Urban Revitalization Area(CLURA)tax
abatement for each property, and rescinding Resolution No. 2019-145.
City Council Meeting: 9/28/2020
Prepared: 9/23/2020
Resolution supporting the application by Black Hawk Contracting&
Development Co., for the Iowa Workforce Housing Tax Incentives
Program, to construct four(4)new single family homes, three(3)homes
located on Lots 2, 3 and 4 of Baltimore Field 1st Addition and one (1) on
SUBJECT: the easterly part of Lot 2 of Crossroads Estates Replat No. 5, as Project
Number 17-WHTIP-045, replacing previously approved lots 1,4 5 and 6
of Hillside Addition, with a local match of the City Limits Urban
Revitalization Area(CLURA)tax abatement for each property, and
rescinding Resolution No. 2019-145.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Approval of a Resolution supporting the application by Black Hawk
Recommended Action: Contracting& Development Co. for the Iowa Workforce Housing Tax
Incentives Program, and rescinding Resolution No. 2019-145.
The Iowa Workforce Housing Tax Incentives Program is a new tax credit
program that is effective January 28, 2015. The program is similar to the
Enterprise Zone program that was dissolved by the State of Iowa on June
30, 2014. This resolution is authorizing the change of lots on contracts with
the Iowa Economic Development Authority for the Workforce Housing
program for John and Tricia Rooff. Contract 17-WHTIP-07 has been
canceled and they would like to move the properties connected with that
contract to contract 17-WHTIP-045 in order to receive tax credits for the
Summary Statement: homes that have been constructed. Contract 17-WHTIP-07 has been
withdrawn from the state.
Lots currently on contract 17-WHTIP-045 include:
Madison St., 8912-30-129-024, Hillside Addition Waterloo Lot 9 Block 6
Newton St, 8913-14-351-008, Second Addition to Grand View Place Lot 12
Block 14
East 7th& Lafayette, Lafayette Street. No specific lot. (2 homes)
Expenditure Required: None
Page 125 of 166
Source of Funds: N/A
Policy Issue: Economic Development
The requirements for the Iowa Workforce Housing Incentives Program
includes:
Projects must meet one of four criteria:
• Located on a grayfield or brownfield site
• Repair or rehabilitation of dilapidated housing stock
• Upper story project
• New construction in a community with demonstrated workforce
housing needs
• The developer must build or rehabilitate at least four single-family homes
or at least one multi-family building containing three or more units or at least
two upper story units.
• Total project costs may not exceed $200,000 per unit for new construction
Background Information: or$250,000 per unit for historic rehabilitation.
• Total program benefits are limited to a maximum of$1 million per
recipient.
• The housing project must be completed within three years of award.
• IEDA must approve the developer's application for Workforce Housing
Tax Credit prior to project initiation.
Along with the requirements listed above the developer must have
documentation of local matching funds pledges for the housing project in an
amount equal to at least$1,000 per dwelling unit. These funds may be in the
form of a tax exemption program such as the CURA and CLURA. The
four homes are located on Madison Street and Monroe Street which are
located within the CURA.
Lot 2 of Baltimore Field 1st Addition
Lot 3 of Baltimore Field 1st Addition
Legal Descriptions: Lot 4 of Baltimore Field 1st Addition
Parcel"Al" Recorded as Document No. 2017-2637, formerly recorded as
Lot "2-B" in Document No. 2015-018996, a part of Lot 2 of Crossroads
Estates Replat No 5, a part of Crossroads Estates Replat No. 2.
Page 126 of 166
CITY OF WATERLOO
Council Communication
Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC,
originally executed April 27, 2020, adjusting the timeline for redevelopment of a residential property located at
1332 Walker Street, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 9/28/2020
Prepared: 9/22/2020
ATTACHMENTS:
Description Type
❑ Amendment to Development Agreement Backup Material
❑ Walker St Agreement Backup Material
Resolution approving an amendment to the Development Agreement with
Goldfinch S&M Properties. LLC, originally executed April 27, 2020,
SUBJECT: adjusting the timeline for redevelopment of a residential property located at
1332 Walker Street, and authorizing the Mayor and City Clerk to execute
said document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval.
The City aquired the residential property at 1332 Walker Street in 2018.
Goldfinch S&M Properties LLC would like to rehabilitate the property.
They will pay$5,000 initially for the property and once the property is
Summary Statement: completed they will receive their$5,000 plus an additional$5,000 back as a
part of the infill property program.
The developer is asking for a one year extension on the timeline for
completion of the home due to construction supply issues due to Covid-19.
Expenditure Required: $5,000
Source of Funds: Nuisance bonds
Policy Issue: Land Use
The West half of the West half of Lot"F"in"Cedar Dale", in Black Hawk
County, Iowa(now in the City of Waterloo, Iowa), except the Northerly 330
feet thereof, and except that part described as follows: Commencing at the
Southeast corner of the West half of the West half of said Lot"F"; running
Legal Descriptions: thence North along the East line of the West half of the West half of said Lot
"F"a distance of 210 feet; thence at right angles in a Westerly direction a
distance of 60 feet; thence South along a line parallel with the East line of the
West half of the West half of said Lot"F"a distance of 210 feet to the
North line of Walker Street; thence East to the point of beginning.
Page 127 of 166
Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701
AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement (the "Amendment") is entered into
as of , 2020 by and between Goldfinch S&M Properties LLC (the
"Company") and the City of Waterloo, Iowa (the "City").
RECITALS
A. Company and City are parties to that certain Development Agreement
dated as of April 27, 2020 (the "DA") concerning the development of
property as described in the Agreement. The DA has been filed in the
land records of Black Hawk County as Doc. No. 2021-01069.
B. The parties desire to amend the DA to modify the terms as set forth in this
Amendment.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows-
1.
ollows:1. Section 3 of the DA is amended to strike the second sentence thereof in
its entirety and to replace such sentence with the following: "Subject to Unavoidable
Delays (defined below), Company must obtain a building permit and begin construction
of the Improvements within one (1) month from the date of that it receives title to the
Property from City (the "Project Start Date"), and Substantially Complete rehabilitation
by September 30, 2021 (the "Project Completion Date")."
2. Except as modified herein, the DA shall continue unmodified in full force
and effect. Terms in this Amendment that are capitalized but not defined will have the
same meanings herein that are ascribed to them in the DA. The DA and this
Amendment shall inure to the benefit of and be binding upon the parties and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Amendment to
Development Agreement by their duly authorized representatives as of the date first set
forth above.
Page 128 of 166
Page 2
CITY OF WATERLOO, IOWA GOLDFINCH S&M PROPERTIES LLC
By: By: Shw� Y" evw'-w
Quentin Hart, Mayor Stanley V. Eva6e, CEO
Attest:
Kelley Felchle, City Clerk
Page 129 of 166
CITY OF WATERLOO
Council Communication
Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC,
originally executed April 27, 2020, adjusting the timeline for completition of a residential property, located at
1804 E. 4th Street, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 9/28/2020
Prepared: 9/22/2020
ATTACHMENTS:
Description Type
❑ Amendment to Development Agreement Backup Material
❑ 1804 E 4th Agreement Backup Material
Resolution approving an amendment to the Development Agreement with
Goldfinch S&M Properties. LLC, originally executed April 27, 2020,
SUBJECT: adjusting the timeline for completition of a residential proPM4 located at
1804 E. 4th Street, and authorizing the Mayor and City Clerk to execute said
document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval.
The City aquired the residential property at 1804 E 4th Street in February
2020. Goldfinch S&M Properties LLC would like to rehabilitate the
property. They will pay$5,000 initially for the property and once the
property is completed they will receive their$5,000 plus an additional$5,000
Summary Statement: back as a part of the infill property program.
The amendment would extend their deadline for finishing the home 1 year
from the date of council approval. The developer is currently having issues
getting certain supplies in to work on the home due to Covid-19.
Expenditure Required: $5,000
Source of Funds: Nuisance bonds
Policy Issue: Land Use
The West 96 feet of Lot 1, Block 6, "Manson's Second Addition"in
Waterloo, Iowa, a/k/a Lot 1, except the East 44 feet, of Block 6, Manson's
Legal Descriptions: Second Addition in Waterloo, Iowa.
and
The South 30 feet of Lot 2, Block 6, in"Manson's Second Addition" in
Waterloo, Iowa.
Page 130 of 166
Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701
AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement (the "Amendment") is entered into
as of , 2020 by and between Goldfinch S&M Properties LLC (the
"Company") and the City of Waterloo, Iowa (the "City").
RECITALS
A. Company and City are parties to that certain Development Agreement
dated as of April 27, 2020 (the "DA") concerning the development of
property as described in the Agreement. The DA has been filed in the
land records of Black Hawk County as Doc. No. 2021-01068.
B. The parties desire to amend the DA to modify the terms as set forth in this
Amendment.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows-
1.
ollows:1. Section 3 of the DA is amended to strike the second sentence thereof in
its entirety and to replace such sentence with the following: "Subject to Unavoidable
Delays (defined below), Company must obtain a building permit and begin construction
of the Improvements within one (1) month from the date of that it receives title to the
Property from City (the "Project Start Date"), and Substantially Complete rehabilitation
by September 30, 2021 (the "Project Completion Date")."
2. Except as modified herein, the DA shall continue unmodified in full force
and effect. Terms in this Amendment that are capitalized but not defined will have the
same meanings herein that are ascribed to them in the DA. The DA and this
Amendment shall inure to the benefit of and be binding upon the parties and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Amendment to
Development Agreement by their duly authorized representatives as of the date first set
forth above.
Page 131 of 166
Page 2
CITY OF WATERLOO, IOWA GOLDFINCH S&M PROPERTIES LLC
YY
B :s Y" evank
Quentin Hart, Mayor Stanley V. Evans, CEO
Attest:
Kelley Felchle, City Clerk
Page 132 of 166
CITY OF WATERLOO
Council Communication
Resolution approving a Cooperative Agreement with Black Hawk County, in conjunction with construction of
the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document.
City Council Meeting: 9/28/2020
Prepared: 9/23/2020
ATTACHMENTS:
Description Type
Cooperative Agreement with Black Hawk County for Backup Material
Shaulis Road Trail Extension Phase I1
Resolution approving a Cooperative Agreement with Black Hawk County, in
SUBJECT: conjunction with construction of the Shaulis Road Trail Extension Phase II
Project, and authorizing the Mayor to execute said document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The City of Waterloo is designing and planning to construct the Shaulis
Road Trail Extension Phase II from Cedar Terrace Drive to the Cedar
Valley Nature Trail, which is mostly within the corporate limits of Waterloo,
but a portion extends outside the corporate limits. The County is
authorizing the City to build the trail within their public street right-of-way.
Summary Statement: By separate maintenance agreement, the Black Hawk County Conservation
Board will take over routine maintenance such as edging, mowing, trimming
of trees and bushes, and removing debris (sweeping), but the City of
Waterloo will be responsible for the construction, and other repairs or
replacement of the trail. There is approximately 500 feet of trail in the Black
Hawk County jurisdiction between the corporate limits and the Cedar Valley
Nature trail, along the north side of East Shaulis Road.
Expenditure Required: None specific to this agreement.
Source of Funds: N/A
Policy Issue: Trail Development
Without this agreement, the trail could not be built on this last 500 foot
Alternative: segment, which would leave a gap in the trail causing it to not connect to the
existing Cedar Valley Nature Trail.
Page 133 of 166
Black Hawk County Engineer's Office
Cooperative Agreement
For Construction Projects
Location Shaulis Road Trail Extension–
Phase II
Work Type PCC Sidewalk/Trail
Project No. TAP=U-81 55(766)-81-07
This Agreement is entered into by and between Black Hawk County, Iowa, hereafter designated the
"County", and the City of Waterloo, hereinafter designated the "City".
The City proposes to design and construct the Shaulis Road Trail Extension – Phase II from Cedar
Terrace Drive to the Cedar Valley Nature Trail which is mostly within the corporate limits of Waterloo. The
County Jurisdiction shall be from the Waterloo City Limits (Station 132+72.4) easterly to the End of
Project (Station 137+84.2).
The County and the City are willing to jointly participate in said project, in the manner hereinafter
provided; and
This Agreement reflects the current concept of this project, which is subject to modification by mutual
agreement between the County and the City; and
Therefore, it is agreed as follows:
1. Project Information
a. The City shall be the lead local governmental agency for carrying out the provisions of this
Agreement.
b. All notices required under this Agreement shall be made in writing to the City's and/or the County's
contact person. The City's contact person shall be the City Engineer, Jamie Knutson, P.E.
The County's contact person shall be the County Engineer, Catherine Nicholas, P.E.
2, Project Design
a. The City shall be responsible for the design of all proposed improvements.
b. The City shall review and approve the plans before letting and review and approve the contract cost
before the contract is approved.
c. The project plans, specifications and engineer's cost estimate shall be prepared and certified by the
City .
3. Project Costs
a. The City shall be responsible for the design and construction cost of the project.
4. Bid Letting
a. The City shall submit the plans, specifications, estimate, and all other contract documents for review
by the Iowa D.O.T.
Page 134 of 166
b. The project will be let by the Iowa D.O.T. in accordance with its normal letting procedures.
c. The City shall be the contracting authority for the project.
5. Construction & Maintenance
a. The City shall be responsible for the daily inspection of the project, including the compilation of a daily
log of materials, equipment, and labor used on the project.
b. The City shall comply with the procedures and responsibilities for materials testing and construction
inspection according to Iowa D.O.T.'s Materials Instructional Memorandums (I.M.'s) and the
Construction Manual. If requested, the Iowa D.O.T. may be able to perform some testing services. If
performed, the Iowa D.O.T. will bill the City for testing services according to its normal policy.
6. Payments and Reimbursements
a. The City shall be responsible for making payments to the contractor(s)for all project costs incurred in
the development and construction of the project.
7. General Provisions
a. The City shall maintain records, documents, and other evidence in support of the work performed
under the terms of this Agreement. All accounting practices applied and all records maintained will be
in accordance with generally accepted accounting principles and procedures.
b. If any part of this Agreement is found to be void and unenforceable then the remaining provisions of
this Agreement shall remain in effect.
c. This Agreement is not assignable without the prior written consent of the City and the County.
d. It is the intent of both (all) parties that no third-party beneficiaries be created by this Agreement.
e. In case of dispute concerning the terms of this Agreement, the parties shall submit the matter to
arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to
arbitration after ten (10)days' written notice to the other party of its intent to seek arbitration. The
written notice must include a precise statement of the disputed question. The City and the County
agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy
with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration.
f. This Agreement may be executed in two (2) counterparts, each of which so executed will be deemed
to be an original.
g. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s),
and/or amendment(s), represents the entire Agreement between the County and City regarding this
project. All previously executed agreements will remain in effect except as amended herein. Any
subsequent change or modification to the terms of this Agreement will be in the form of a duly
executed amendment to this document.
Page 135 of 166
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown
opposite its signature below.
BOARD OF SUPERVISORS OF BLACK HAWK COUNTY:
BY: CDate
Cha'irp6rson
ATTEST:
By: 2-'4
County Auditor
CITY OF WATERLOO:
By. Date
City of Waterloo Mayor
Page 136 of 166
CITY OF WATERLOO
Council Communication
Resolution approving a Memorandum of Understanding for Recreational Trail Maintenance with Black Hawk
County Conservation, in conjunction with the Shaulis Road Trail Extension Phase II Project, and authorizing
the Mayor to execute said document.
City Council Meeting: 9/28/2020
Prepared: 9/23/2020
ATTACHMENTS:
Description Type
MOU Shaulis Rec Trail COW and County Backup Material
Conservation
Resolution approving a Memorandum of Understanding for Recreational
SUBJECT: Trail Maintenance with Black Hawk County Conservation, in conjunction
with the Shaulis Road Trail Extension Phase II Project, and authorizing the
Mayor to execute said document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The City of Waterloo is designing and planning to construct the Shaulis
Road Trail Extension Phase 11 from Cedar Terrace Drive to the Cedar
Valley Nature Trail, which is mostly within the corporate limits of Waterloo,
but a portion extends outside the corporate limits. By separate agreement,
the County is authorizing the City to build the trail within their public street
Summary Statement: right-of-way. This MOU with the Black Hawk County Conservation Board
will provide for County Conservation to take over routine maintenance such
as edging, mowing, trimming of trees and bushes, and removing debris
(sweeping), but the City of Waterloo will be responsible for other repairs or
replacement of the trail. There is approximately 500 feet of trail in the Black
Hawk County jurisdiction between the corporate limits and the Cedar Valley
Nature trail, along the north side of East Shaulis Road.
Expenditure Required: None, specific to this MOU
Policy Issue: Trail Development
Without this MOU, the County will not agree to the construction agreement
Alternative: to us to build the trail within the County right-of-way, and the trail could not
be built on this last 500 foot segment, which would leave a gap in the trail
causing it to not connect to the existing Cedar Valley Nature Trail.
Page 137 of 166
MEMORANDUM OF UNDERSTANDING—
RECREATIONAL TRAIL MAINTENANCE
This Memorandum of Understanding — Recreational Trail Maintenance (the "MOU") is
entered into as of , 2020, by and between the City of Waterloo, Iowa("City") and
Black Hawk County Conservation ("County Conservation"). City and County Conservation are each
referred to as a"Party"and collectively as the"Parties".
WHEREAS, City proposes to design and construct the Shaulis Road Trail Extension—Phase
II (the "Rec Trail") from Cedar Terrace Drive to the Cedar Valley Nature Trail which is mostly
within the corporate limits of Waterloo. The County Conservation Jurisdiction shall be from the
Waterloo City Limits (Station 132+72.4) easterly to the End of Project(Station 137+84.2) in order to
connect with the Cedar Valley Nature Trail (the "Nature Trail"); and
WHEREAS, the Parties desire to cooperate with respect to repair and maintenance of the Rec
Trail as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties state as
follows:
1. City Responsibilities. City will construct the Rec Trail, will periodically inspect
same, and will make such repairs or replacements as may be necessary or advisable to keep the Rec
Trail in a condition where it may be safely used by the public. This Includes but is not limited to;
maintenance of the trail surface, trail shoulders, and private drive crossings. All drainage issues
would also be the responsibility of the City.
2. County Conservation Responsibilities. After the Rec Trail has been constructed,
County Conservation will maintain that portion of the Rec Trail that lies between the eastern city limits
and the Nature Trail. Maintenance activities will be performed as needed to keep the Rec Trail in a
reasonably attractive and usable condition, including edging, mowing, trimming of trees and bushes,
and removing debris. County Conservation will respond promptly to any request from the City for
maintenance, and will report to City any features that may need structural repair or replacement.
3. Term. This MOU will commence on the date hereof and will continue in effect from
one calendar year to another until one Party delivers written notice of termination to the other Party by
February 1 of the year in which termination is to take effect. Notice given as provided in this paragraph
will be effective upon delivery.
4. Notices. Any notice, report or other communication from one Party relating to this
MOU shall be delivered to the head of the engineering department for the City and the Executive
Director for County Conservation.
5. No Assignment. County Conservation may not assign its rights, privileges or interest
in this MOU without the prior written consent of City.
6. Relationship of Parties. Nothing in this MOU shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or any other
relationship between the Parties nor to create any liability for one Party with respect to the liabilities
or obligations of the other Party or any other person.
Page 138 of 166
7. Miscellaneous Provisions. This MOU is the entire understanding between the Parties
pertaining to the subject matter hereof and supersedes all prior oral or written understandings or
agreements relating to such subject matter. This MOU may not be modified except by the mutual
written agreement of both Parties. Time is of the essence.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding
—Recreational Trail Maintenance by their duly authorized representatives as of the date first set
forth above.
BLACK HAWK COUNTY CONSERVATION CITY OF WATERLOO, IOWA
By: By:
Board Chair Mayor
Attest:
City Clerk
2
Page 139 of 166
CITY OF WATERLOO
Council Communication
Resolution approving construction plans for sanitary sewer, storm sewer and paving serving the Audubon
Heights 7th Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa,
and Sewage Treatment Agreement, DNR Form 29(Nov 00)with the Department of Natural Resources, and
final acceptance of construction plans, subject to the review and acceptance by the Department of Natural
Resources, and authorizing the Mayor to execute said documents.
City Council Meeting: 9/28/2020
Prepared: 9/22/2020
ATTACHMENTS:
Description Type
U Audubon Heights 7th Addition—STA Backup Material
Resolution approving construction plans for sanitary sewer, storm sewer and
having serving the Audubon Heights 7th Addition, as submitted by Wayne
Claassen Engineering and Surveying, Inc., of Waterloo. Iowa, and Sewage
SUBJECT: Treatment Agreement, DNR Form 29 (Nov 00)with the Department of
Natural Resources, and final acceptance of construction plans, subject to the
review and acceptance by the Department of Natural Resources, and
authorizing the Mayor to execute said documents.
Submitted by: Submitted By:Dennis Gentz, PE,Assistant City Engineer
These construction plans have been reviewed by the Engineering
Department. They appear to meet current design standards and
Summary Statement: specifications, therefore they are recommended for approval by the City
Council.
Background Information:
Page 140 of 166
Iowa Department of Natural Resources
Wastewater Section
Construction Permit Application
Sewage Treatment Agreement
i
INSTRUCTIONS
This agreement must be executed for all projects where construction and sewage treatment will be provided by different parties;
i.e.,a private subdivision connecting to a municipal system.This agreement must be executed by the parties who are owners at the
time the permit is issued, regardless of whether title to the proposed construction project will be transferred after completion of the
project.
This agreement Is not necessary when a contract for sewage treatment already exists;Le.,service contracts between municipalities.
However,the Department of Natural Resources must be Informed in writing that the contractual agreement does exist.
APPLICANT ENGINEER
Owner: Midwest Development Co. Firm: Wayne Ciaassen Engineering and Surveying,Inc/
Address: 4111st Avenue SE,Cedar Rapids,IA 52401 Address: 2705 University Ave.Waterloo,IA 50701-0898
Representative: e J,r, ,+} ,-, Project Officer: William J.Claassen,P.E.
Phone Number: `t 4 3 04 t Phone Number: 319-235-6294
Project Identification: Audubon heights 7th Addition,Waterloo,Iowa
Owner and System Receiving Wastes: City of Waterloo Iowa
CERTIFICATION
I am the authorized representative of the owner identified above and state that the proposed sanitary sewage facilities shall be
constructed in accordance with the plans and specifications and all wastes contributed by this project shall be discharged to the
treatment system id tified above.
Signature Title: Date — r
AGREEMENTTO PROVIDE SEWAGE TREATMENT
I am the authorized representative of the owner of the system identified above and state that the connection of the proposed
sanitary sewage facilities identified above is approved by the owner,and that the owner accepts responsibility for providing
adequate treatment of a[]wastes contributed by this project,in accordance with the provisions of Chapter 4558,Code of Iowa,and
the rules of the Department of Natural Resources.This agreement shall not be construed in any way to affect any local ordinances,
sewer service agreements,or fee systems entered into between the parties.
I
Name: Quentin Hart Title: Mayor I
Signature Date Phone:
912018 cmc ONR age-.4d)129Df 166
I
CITY OF WATERLOO
Council Communication
Codification of the City of Waterloo Traffic Code of Ordinances.
City Council Meeting: 9/28/2020
Prepared: 9/16/2020
ATTACHMENTS:
Description Type
❑ Adopting Ordinance Backup Material
Motion to receive, file, consider, and pass for the second time an ordinance
adopting the 2020 Traffic Code of the City of Waterloo. Iowa.
SUBJECT: Motion to suspend the rules.
Motion to receive, file, consider, and pass for the third time and adopt said
ordinance.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Recommended Action: Approval.
Cities are provided three options under Iowa law for maintaining their city
codes. These include:
1. The city may compile an annual supplement to the code of ordinances.
This supplement consists of all new ordinances and amendments to
ordinances that became effective during the previous year. The supplement
must be adopted by resolution by the council and placed in the code of
ordinances.
2. The city may insert new ordinances or amendments to ordinances directly
into the code itself. This must be done at least annually. This works
especially well for cities that maintain a copy of their city code in electronic
format, allowing for quick and convenient updating.
3. If the city does not take either of the actions described above, it must
codify the code of ordinances at least once every five years. If there have
Summary Statement: been no substantive changes to the city code, the city may simply adopt the
code by ordinance. However if the city has made additions, amendments or
intends to change any code provision, it must hold a public hearing on the
proposed code prior to its adoption.
Waterloo utilizes option two for the city code and option three for the traffic
code. City Clerk's Office staff have been working this year to incorporate
numerous amendments into the traffic code and have now made it available
on the city website for easy public access. The public hearing and ordinance
adopting the updated traffic code are required in order to maintain a valid
and enforceable traffic code.
Page 142 of 166
The traffic code is found on the City Clerk's Office page of the city website,
under the section titled Code of Ordinances.
Link:https://www.cityofwaterlooiowa.com/govemment/city clerks/index.php
Page 143 of 166
Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. XXXX
AN ORDINANCE ADOPTING THE 2020 TRAFFIC CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
SECTION 1. Pursuant to published notice and following public hearing on the 21St day of
September 2020, so required by Sections 362.3 and 380.8, Code of Iowa,there is hereby adopted by
the City of Waterloo, Iowa,the"Traffic Code of Ordinances of The City of Waterloo, Iowa."
Section 2. This ordinance shall only apply to the"Traffic Code of Ordinances of the City of
Waterloo, Iowa".
SECTION 3. All of the provisions of the "Traffic Code of Ordinances of The City of
Waterloo, Iowa," shall be in force and effect on and after the effective date of this ordinance.
SECTION 4. All ordinances or parts thereof pertaining specifically to the Traffic Code of
Ordinances of the City of Waterloo, Iowa, in force on the effective date of this ordinance are hereby
repealed from and after the effective date of this ordinance.
SECTION 5. The repeal provided for in the preceding section of this ordinance shall not
affect any offense or act committed or done or any penalty or forfeiture incurred before the effective
date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or
guaranteeing the payment of money by the City or authorizing the issuance of any bonds of said
City or any evidence of said City's indebtedness; nor shall it affect any other right or franchise
conferred by any ordinance or resolution of the Council or any other person or corporation; nor
shall it affect any ordinance naming, establishing, relocating or vacating any street or public way,
whether temporary or permanent; nor shall it affect any ordinance amending the official zoning
map, establishing building lines, establishing and changing grades, or dedicating property for public
use; nor shall it affect any prosecution, suit or other proceeding pending or any judgment rendered
on or prior to the effective date of this ordinance.
SECTION 6. An official copy of the "Traffic Code of Ordinances of The City of Waterloo,
Iowa," adopted by this ordinance, including a certificate of the City Clerk as to its adoption and the
effective date, is on file in the office of the City Clerk, and shall be kept available for public
Page 144 of 166
Ordinance No. XXXX
Page 2
inspection.
SECTION 8. The City Clerk shall furnish a copy of the"Traffic Code of Ordinances of The
City of Waterloo, Iowa,"to the Judicial Magistrates serving the City of Waterloo, city departments
requesting a copy, and maintain a copy on the city website.
SECTION 9. This ordinance shall be in full force and effect from and after the publication
of this ordinance, as required by law.
INTRODUCED: ,2020
PASSED 1St CONSIDERATION: 92020
WAIVED 2nd CONSIDERATION: 92020
WAIVED 3rd CONSIDERATION: 92020
PASSED AND ADOPTED this th day of 2020.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle
City Clerk
Page 145 of 166
Ordinance No. XXXX
Page 3
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. as passed and adopted by the
City Council of the City of Waterloo, Iowa, on the th day of 2020.
Witness my hand and seal of office this th day of 2020.
Kelley Felchle
City Clerk
SEAL
+ 1 +
V01..
Page 146 of 166
CITY OF WATERLOO
Council Communication
An ordinance amending the City of Waterloo Traffic Code by adding section 580C, No Parking Both Sides
5:00 p.m. to 8:30 p.m., Wednesdays:400 block of Janney Avenue.
City Council Meeting: 9/28/2020
Prepared: 9/23/2020
ATTACHMENTS:
Description Type
❑ letter Cover Memo
❑ ordinance Backup Material
Motion to receive, file and consider and pass for the first time an ordinance
amending the City of Waterloo Traffic Code by adding Section 580C, No
Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays -when signs are
erected in each block, or portion thereof, giving notice, no person shall park
SUBJECT: a vehicle at any time on Wednesdays from 5:00 p.m. to 8:3012.m. within the
district and upon any of the streets or portions thereof as named herein:both
sides of the 400 block of Janney Avenue.
Motion to suspend the rules.
Motions to consider and pass for the second and third times and adopt said
ordinance.
Submitted by: Submitted By: Sandie Greco, Traffic Operations Director
Recommended Action: Adopt Ordinance
Hagerman Baptist Church requested prohibiting parking on both sides of the
400 block of Janney Avenue on Wednesday evenings during youth activities.
Visibility is an issue with vehicles parked on the street for youth to cross
Summary Statement: safely from the parking lot to the church during that time.
There is only one household in the 400 block of Janney. Surrounding
neighbors were notified of the ordinance change by mail. No comments or
concerns were received.
Policy Issue: Strategy 2.2:Enlist all City departments and staff members in efforts to
promote a safer community.
Page 147 of 166
CITY OF WATERLOO , IOWA
PUBLIC WORKS DIVISION
625 Glenwood Street . Waterloo, IA 50703
Street:(319)291-4267 Fax(319)291-0264 Sanitation: (319)291-4455
Central Garage: (319)291-4445 Fax(319)291-3825
• • Traffic Operations—(319)291-4440 Fax:(319)291-4094 Animal Control(319)291-4440#4
Sandie Greco—Traffic Operations and Animal Control Director
Mayor September 16, 2020
QUENTIN
HART
COUNCIL
MEMBERS Hagerman Baptist Church
"' 1105 Knoll Avenue
Waterloo, Iowa 50701
MARGARET
KLEIN
Wards RE: Ordinance Change - No Parking Both Sides
JONATHAN Wednesday — 5:00 PM — 8:30 PM
GRIEDER
Ward 2
PATRICK An Ordinance change has been requested by Hagerman Baptist Church to prohibit
MORRISSEY parking on both sides of the 400 block of Janney Avenue on Wednesday evening
Ward from 5:00 PM to 8:30 PM. Youth activities take place on Wednesday evening each
JERweek. Visibility is an issue with vehicles parked on the street for youth to cross
AMOS,JR. y parking e curce recommendation to y OME safe) from the kin lot to thhh. The Cit Council is to
Ward adopt an ordinance to prohibit parking on both sides of the 400 block of Janney
Avenue on Wednesday from 5:00 PM to 8:30 PM.
RAY
FEUSS This ordinance chane is scheduled to be on the Council Agenda Monday,
Ward 5 g g
September 28, 2020. City Council meeting is held at 5:30 PM in the Council
SHARON Chambers, 2nd floor of City Hall. However, during COVID-19 social distancing, the
JUON Council Meeting may be viewed on the government channel 15.
At-Large
DAVE If you have any questions or concerns regarding this ordinance change, please call
BOESEN my office at 291-4440 between 7:00 AM and 3:00 PM.
At-Large
Sincerely,
Sandie Greco
Traffic Operations Director
City of Waterloo
sandie.greco@waterloo-ia.org
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer Page 148 Of 166
ORDINANCE NO.
AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY:
BY ADDING A NEW SECTION 580C, NO PARKING BOTH SIDES 5:00 P.M. TO
8:30 P.M., WEDNESDAYS, TO THE 2008 TRAFFIC CODE, AS FOLLOWS:
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Section 580C, No Parking Both Sides 5:00 P.M. to 8:30 P.M., Wednesdays, is added as
follows:
580C. NO PARKING BOTH SIDES 5:00 P.M. TO 8:30 P.M.,WEDNESDAYS
When signs are erected in each block, or portion thereof, giving notice, no person shall
park a vehicle at any time on Wednesdays from 5:00 p.m. to 8:30 p.m. within the district and
upon any of the streets or portions thereof as named herein.
(1) Janney Avenue Both sides of the 400 block of Janney Avenue.
PASSED AND ADOPTED by the City Council this day of September, 2020,
2019 , and approved by the Mayor this day of September, 2020.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
Page 149 of 166
CITY OF WATERLOO
Council Communication
Airport Board Meeting Minutes, July 28, 2020.
City Council Meeting: 9/28/2020
Prepared: 9/21/2020
ATTACHMENTS:
Description Type
❑ Airport Board Meeting Minutes, July 28, 2020 Backup Material
SUBJECT: Airport Board Meeting Minutes, July 28, 2020.
Submitted by: Submitted By:
Page 150 of 166
MINUTES
WATERLOO REGIONAL AIRPORT BOARD
Tuesday, July 28,2020
I. ROLL CALL
Keith Kaspari called the meeting to order, via Zoom, at 12:00 p.m.
Board Members Present: Arlene Humble, Gwenne Berry, Cary Darrah, Scott Voigt,
and Todd Holcomb.
City Officials Present: Noel Anderson and Adrienne Miller.
Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs,
Airport Bookkeeper.
Other Attendees: Doug Schindel and David Hughes, AECOM; David Deeds,
New Board Appointee (not yet Council approved).
II. AGENDA AS RECEIVED OR AMENDED
No comments, no motion.
III. PUBLIC COMMENTS
None.
IV. REPORTS
A. Airport Director
Mr. Kaspari stated that a Pre-Authorization for the painting of Yellow X's on
Runway 6/24 will be submitted for approval this week or next.
Mr. Kaspari also pointed out a typo in the report: Item #5 should read that Michelle
Weidner is CFO not CEO.
Mr. Voigt asked whether unspent operating funds go back to the City and wondered
whether that's what happened with the $91,566.97 from FY-20.
Mr. Kaspari stated that he has requested those dollars go into a separate account to be
used for city match on upcoming FAA projects for both FY-2021 and FY-2022, as
PFC Revenue will not be sufficient to match some of the large projects scheduled,
especially at the current level of enplanements.
No response has been received from the CFO.
1
Page 151 of 166
Mr. Kaspari also went on to explain that the City has carried a large balance due from
the Airport from many years ago when the Airport was not self-sustaining due to
paying for 24/7 Waterloo Fire coverage for Aircraft Rescue and Fire Fighting
services.
Since becoming self-sustaining, any unspent funds at fiscal year-end have gone back
to the City to reduce that balance.
Mr. Kaspari, via a conversation with the CFO, believes the outstanding balance was
approximately $418,000 as of the end of FY-20.
B. Monthly Planning & Development Report—N/A
B. Legislative Information
Mrs. Darrah commented on seeing information about continued EAS funding and
asked if the airline receives their full subsidy when they are not flying their full 13
trips per week schedule or if they only get paid for flights completed.
Mr. Kaspari stated they only receive the subsidy for completed flights.
D. Misc. Monthly Airport Reports
No comment on monthly reports.
V. BOARD APPROVAL
A. Approval of Minutes of the June 23, 2020 Regular Meeting
Mrs. Darrah moved that the minutes of the June 23, 2020 meeting be approved,
seconded by Mrs. Humble. Ayes: 5. Motion carried.
B. Motion to Receive and File June 2020 Expenses
Mrs. Humble moved that the June 2020 expenses be received and filed, seconded by
Mrs. Berry. Ayes: 5. Motion carried.
VI. OLD BUSINESS
A. Update: Osprey Aviation (Progress Update).
Mr. Kaspari stated that construction is progressing well.
2
Page 152 of 166
B. Update: Status of Agreement with Kingfisher Aviation.
Mr. Kaspari stated that City Attorney, Marty Petersen, is still experiencing
communication challenges.
Kingfisher has started placing various utilities in their name. Mr. Voigt asked
about the floor improvements that were supposed to be done. Mr. Kaspari stated
they have not been done or scheduled with the contractor.
Mrs. Berry asked if a deadline for completing the floor work had been given. Mr.
Kaspari stated no deadline had been given.
Note: During early lease negotiations, former Board Chair Hugh Field had stated
to Bob and Eric Petersen that floor improvements should be completed
"forthwith".
C. Update: Air Service Working Group—Marketing Sub-Committee.
David Deeds gave an update of the ASWG's work with consultant, Volaire
Aviation, and with Advance Media, who provides advertising through social
media platforms.
D. Update: FY-2020 FAA Funded Projects
Mr. Kaspari reported that we are currently waiting on grant issuance and approval
of the contract with AECOM for CRS (Construction Related Services), and that
the overall FAA Grant (No: 46) has not been issued.
E. Update: Iowa DOT SCVI Funded Projects:
1. Hangar 4 Improvements; and,
2. Replacement of Terminal Carpeting
Mr. Kaspari reported that bids for both of these projects have been awarded by
City Council.
Mr. Kaspari also stated that if anyone would like to offer input on carpet
patterns/colors, it would be appreciated.
Discussion followed, including a suggestion to involve Struxture Architects, who
designed the Terminal Renovation in 2003/2004.
Doug Schindel, AECOM, stated that they work with INVISION, who is located in
the same building they are and can pull them in, if needed.
3
Page 153 of 166
VII. NEW BUSINESS
A. Election of Officers
1. Board Chair
Mrs. Berry nominated Mrs. Humble to serve as Board Chair, seconded by
Mr. Darrah. Ayes: 5. Motion carried
2. Board Vice Chair
Mrs. Humble nominated Mr. Voigt to serve as Vice Chair, seconded by Mrs.
Darrah. Ayes: 5. Motion carried.
B. FY-2020 Annual Department Accomplishments.
Mr. Voigt commented that he felt Mr. Kaspari has done a good job "staying
ahead of things in dealing with the virus".
Mr. Kaspari stated that as a small staff, he feels we get a lot done. Mr. Kaspari
thanked Mrs. Combs for her accuracy with both the department finances and
grants.
Mrs. Berry echoed Mr. Voigt's comments and also stated that Mr. Kaspari and
Mrs. Combs have always been very "kind" and made her feel right at home as a
member of this Board.
C. Update: Triennial Full-Scale Airport Exercise
Mr. Kaspari stated that the full-scale exercise has been moved back to October.
The Tabletop (TTX) exercise is currently scheduled for October 8"', and the
Full-Scale exercise will take place on the airfield October 22".
He went on to give an overview of the disaster scenario that will be used.
D. Update: West-Side Airport Development
Noel Anderson, (Community Planning and Development Director), made a
presentation to the Board updating them on the progress on the planned
Waterloo Air& Rail Park on the west side of the airport.
Mr. Anderson provided comment that the City has recently taken bids on sewer
work to be completed along Leversee Road.
4
Page 154 of 166
Mr. Anderson also provided an update of work in progress near Lone Tree Road
and Leversee, where an expected truck wash business will be the first project
completed.
Mr. Anderson stated that all improvements are being paid by grants or TIF
funding.
Additionally, projects completed or in progress along Airport Blvd. include the
A-Line/POS Hangar, Osprey Aviation Hangar, Camp Run-a-Mutt, Advanced
Heat Treat expansion and the expansion of the National Guard.
South of the airport, Koelker Excavating is completing a new building and there
are five additional lots being developed with two solid prospects.
On the East side of the airport, along Wagner Rd., Professional Lawn Care is
completing construction of their buildings and the other available lots have
generated a lot of interest, where, as of the date of the Airport Board Meeting,
only one of the lots have not been reserved.
Mr. Deeds asked if there is any upcoming development that would help increase
enplanements?
Mr. Deeds also asked if lost revenue will be replaced if more airport farm
ground is taken for development.
E. EOY-2020 Financial Report.
Mrs. Combs referred the Board to the city budget report for FY-2020, and stated
that the surplus of$91,567 was due to the City requesting that departments not
make any large purchases in the final quarter of the fiscal year.
To comply with that request, we were unable to make the end-of-year purchase
that we normally do.
The rest of the report shows federal and state project spending, which was low
due to no major projects done during FY-20.
F. Discussion of Future Board Meeting Dates
Mr. Kaspari stated that based on responses received to his email, it seems like
the first Wednesday of the month works best for future Airport Board meetings,
which will continue to be at noon.
5
Page 155 of 166
Since there is no reason to meet again next week, Mr. Kaspari suggested that the
August meeting be canceled and the next meeting scheduled for September 2"d
Mr. Kaspari also stated that meetings will likely continue to be electronic
through the end of 2020.
Mrs. Darrah stated that she may have a conflict with the 1st Wednesday when
schedules get back to normal but she can work with that date for now.
Additional discussion followed.
Mr. Kaspari stated that meeting dates can be reviewed again when the 7t" Board
position is filled.
VIII. STAFF AND BOARD MEMBER COMMENT
None.
IX. ADJOURNMENT
Moved by Mrs. Darrah, seconded by Mr. Voigt, that the meeting be adjourned at 12:59
p.m. Ayes: 5. Motion carried.
Respectfully submitted,
oj-a,� P tk rn btQ-,
Arlene Humble. Chairperson
6
Page 156 of 166
CITY OF WATERLOO
Council Communication
Board of Adjustment minutes of March 24, 2020 (revised).
City Council Meeting: 9/28/2020
Prepared: 9/22/2020
ATTACHMENTS:
Description Type
❑ minutes Cover Memo
SUBJECT: Board of Adjustment minutes of March 24, 2020(revised).
Submitted by: Submitted By:
Page 157 of 166
MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR
MEETING HELD ON MARCH 24, 2020 IN THE HAROLD E. GETTY
COUNCIL CHAMBERS, CITY HALL
Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at
4:00 p.m. Board members in attendance via Zoom conferencing were: Brad Condon, April Leadley,
John Beckman, and Jeri Thornberry. Board members present were: John Chiles. Staff in attendance
were: Aric Schroeder and Chris Western. Staff members present via Zoom: Noel Anderson.
I. Approval of the March 24, 2020 agenda.
It was moved by Thornberry and seconded by Beckman to approve the agenda as submitted. Motion
carried unanimously.
II. Approval of the Minutes of the Regular Meeting on February 25, 2020.
It was moved by Beckman, seconded by Chiles to approve the minutes of the February 25, 2020
Minutes.Beckman pointed four minor corrections. Motion carried unanimously.
III. Decision Items
1. Request by Nagle Signs on Behalf of the Waterloo Public Library for a variance to the
sign regulations, to allow for the construction of an 11'2" x 12' 6" (124.75 sf) digital
monument sign, 84.75 sf more than the maximum 40 sf allowed within the "C-3"
Central Business District located at 415 Commercial Street.
Dornoff gave the staff report that recommended approval of the request for the following reasons:
1. The request would not appear to have a negative impact upon the surrounding area.
2. There appears to be uniqueness to the request.
3. The request would not appear have a negative impact on traffic conditions in the area.
4. The sign has been approved by the Waterloo Main Street Design Review Committee.
Brian Buss of Nagle Signs explained the request and offered to answer any questions the board
may have. The board had no questions and there was no one in opposition to the request.
It was moved by Chiles, seconded by Thornberry to approve the request by Nagle Signs on Behalf of the
Waterloo Public Library for a variance to the sign regulations, to allow for the construction of an 11'2"
x 121611(124.75 sfi digital monument sign, 84.75 sf more than the maximum 40 sf allowed within the
"C-3"Central Business District located at 415 Commercial Street.Motion carried unanimously.
2. Request by Eric Johnson on behalf of Mary Beecher Petersen for a variance to the
Accessory Structure Regulations to allow for the construction of a 26' x 36' detached
garage in the front yard, within the 11R-1" One and Two Family Residence District,
located at 2 Winter Ridge Road.
Western gave the staff report that recommended approval of the request for the following reasons:
1. The request would not appear to have a negative impact upon the surrounding area, as
the proposed accessory structure will have a front yard setback of approximately 300',
and 46' between the proposed detached garage and the house to the west at 6 Winter
Ridge Drive.
2. There appears to be somewhat of a uniqueness to this request, as the area is rural in
nature and heavily wooded with mature trees making the proposed garage less
Page 158 of 166
BOARD OF ADJUSTMENT
March 24,2020 Minutes
visible, and the home was built towards the very rear of the lot leaving little options
for where else a detached garage could be located.
3. The average lot size of the surrounding properties is 1.36 acres, which would
appear to minimize potential negative impacts the proposed accessory structure
may have.
4. The applicant has submitted a signed petition in favor of the request from the property
owners to the east at 6 Winter Ridge Road.
Staff recommends approval of the request with the following conditions:
1. That the existing shed currently in the front yard be removed from the site.
Beckman asked clarification as to whether 6 Winter Ridge Drive was to the east or west of the site in
question. Staff noted that it is to the west. Eric Johnson who represents the homeowner offered to
answer any questions. There were no questions from the board or any opposition to the request.
It was moved by Beckman, seconded by Chiles to approve the request by Eric Johnson on behalf of Mary
Beecher Petersen for a variance to the Accessory Structure Regulations to allow for the construction of a
26'x 36'detached garage in the front yard, within the "R-1"One and Two Family Residence District,
located at 2 Winter Ridge Road with the condition that the existing shed in the front yard be removed.
Motion carried unanimously.
3. Request by Eric Johnson for a variance to re-establish a legal non-conforming use in
the "R-2" One and Two Family Residence District to allow for an auto sales and
incidental auto repairs located at 1801 Lafayette Street.
Western gave the staff report that recommended approval of the request for the following reasons:
1. There would appear to be a lack of reasonable return to the request, as the structure was
designed and setup for commercial uses in an "R-2" One and Two Family Residence
District in 1941 before the adoption of the ordinance.
2. There would appear to be somewhat of uniqueness to the request, as the property has
served as several businesses that served the neighborhood since 1941, and is located along
a Minor Arterial roadway with other commercial and industrial uses in the vicinity.
Subject to:
1. The building be painted within 12 months.
2. Block cars from driving on grass lot to the east and plant grass seed.
Chiles asked if the board could require sod instead of over seeding. Staff indicated that sod
would be much more expensive and perhaps not a reasonable requirement to place on the
applicant. Condon asked for clarification of the area that staff is requiring seeding and where
the curb stops would be placed. Staff indicated that a fence or curb stops should be placed
along the driveway of the home to the east. Beckman asked it the condition to require the
resurfacing of the existing parking lot should be added as a condition. Western stated that
initially staff was going to require it but decide to only require the seeding and the painting of
the building. Schroeder further explained the grass lot is not a part of the request to re-
establish a legal non-conforming use but that staff had concerns with the condition of that
portion of the lot. Chiles asked if there is a time frame for completion of the seeding and the
painting of the building. Western stated that 12 months appears to be a fair time frame.
Schroeder stated that staff would certainly like to see the fence or curb stops installed fairly
soon at staff will work with the applicant on a reasonable time frame. Beckman asked Chiles
2
Page 159 of 166
BOARD OF ADJUSTMENT
March 24,2020 Minutes
if there is a time frame that he would recommend. Chiles stated that a 1 year time frame is
reasonable but was concerned that it may not be enough with the Corona virus pandemic
perhaps that may not be long enough. Thornsberry agreed that 1 year to paint the building is
reasonable but that the lot should be seeded this spring. The board agreed to have two
separate time frames that would require the seeding to happen this spring and the building to
be painted within 1 year. Eric Johnson who represents the owner explained his client believes
that the business did not lose the legal non-conforming status but that city believes it did and
recommended the applicant apply to re-establish the use; and that his client did not know he
was operating illegally. Johnson went on to explain that his client owns a rental house to the
north of the site in question that had a bad tenant which drew the attention of Code
Enforcement to deal with junk laying in the yard and that's when the question of whether his
applicant was operating an illegal business or not came up. Johnson also stated that the
property was originally a gas station and would never be used for residential purposes and his
client's use of the property is non-evasive, as he simply fixes and sells a couple of cars a year
at the site. Also, he and his client agree with the request by staff that requires the closing off
and over seeding the lot to the east and the painting the building to improve the esthetics of
the overall property. Condon asked for clarification on the number of cars that would be on
site at any given time. Johnson stated that his client fixes and sell 1 to 2 cars a year and that if
he were to sell more than six cars in a calendar year he would have to apply for a D.O.T.
license to do so. Schroeder confirmed that if more than six cars are sold in a year that the
applicant would have to get a zoning letter from the city to submit to the D.O.T for a license.
Also, staff is not concerned with the applicant securing a license to sell cars at the site.
Beckman stated he is concerned with a large amount of cars being sold from the property and
asked how many cars could be parked on the site. Johnson stated he did not know the answer
but stated his client at this time has no intention of applying for a license to sell cars.
Schroeder estimated a total of ten cars could be parked on the site. Beckman stated 10 would
be too many. Chiles asked if there were any opposition to the request. Western stated that
there was not. Johnson stated that his client owns the property surrounding the site in
question. Chiles asked if the board could put a time limit on when the lot to the east has to be
blocked off. Johnson stated the his applicant is not opposed to a 6 month time limit but felt
that he would complete it this spring.
It was moved by Chiles, seconded by Thornberry to approve the requestfor a variance to re-establish a
legal non-conforming use in the "R-2"One and Two Family Residence District to allow for an auto
sales and incidental auto repairs located at 1801 Lafayette Street, with the conditions that the building
be painted or sided within 12 months and the lot to the east be blocked off and seeded within 6 months.
The motion carried unanimously.
4. Request by Lamar Advertising for a Special Permit to the "S-1" Shopping District for a
new billboard, located at 2010 Sears Avenue.
Western gave staff report that recommended approval of the request for the following reasons:
1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for
this area.
2. The request would not appear to have a negative impact on traffic conditions in the area.
3. The request would not appear to have a negative impact upon the surrounding area.
Condon asked for clarification on which direction the electronic sign will face and if the sign will be
on the roof. Western explained it will face La Porte Road and that the sign will overhang the roof of
Advanced Auto Parts. Beckman asked if the sign would be closer to San Marnan or to Advanced
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March 24,2020 Minutes
Auto Parts. Western stated that it will be closer to Advanced Auto Parts building and overhang the
building. Leadley asked if this sign would be in addition to the existing Auto Parts sign. Western
stated that it would. Condon asked if there were any objections on file from Pancheros. Western
stated that a notice was sent out to all property owners within 250' prior to the Site Plan
Amendment request heard by the Planning and Zoning Commission meeting and staff receive no
comments. The applicant Tom Weber explained that the sign will be moved closer to the Advanced
Auto Parts store building and further away from Pancheros in an attempt to eliminate the concerns
that were raised in 2016 by the neighboring businesses and that the proposed sign will be 1000' from
his existing billboard on the corner of San Mannan and LA Porte Road. Leadley asked if Advanced
Auto will be using the sign as well. The applicant stated that the sign will be for off-premise
advertisement and that there is a high level of requests for advertising especially for local businesses.
It was moved by Beckman, seconded by Thornberry to approve the request by Lamar Advertising for a
Special Permit to the "S-1"Shopping District for a new billboard, located at 2010 Sears Avenue. The
motion carried 3 to 2 with Condon and Leadley voting against the request.
5. Request by Eagle Mart DBA as Alli's Corner for a variance to expand a legal non-
conforming use to allow for a 32' x 38' (1,216 sf) expansion of a non-limited alcohol sales
use, located within the "C-2" Commercial District located at 1117 East 4th Street.
Hyberger gave staff report that recommended approval of the request for the following reasons:
1. The request would not appear to have a negative impact on the area by allowing a non-
limited alcohol sales use to expand its existing operation.
2. The request will not result in an over concentration of non-limited alcohol sales uses in one
area.
Beckman asked if there were any oppositions on file. Hyberger stated that he was not aware of any.
Councilman Amos expressed concerns with the request stating that the business is in an overlay
district and that the community does not need more liquor sales. The applicant's contractor Greg
Bulicek owner of all seasons Construction stated that 75% of the sales is non-liquor related. And that
the reason for the expansion request was to add more grocery items by adding several new coolers
and to make the store more organized; not to expand the liquor business. Beckman asked if this a
liquor store that sells groceries or a grocery store that sells liquor. Bulicek stated its both but they do
not expect to sell much more liquor than they currently do. Schroeder stated that the site is
considered a legal non-conforming non-limited alcohol sales use and is not subjected to a cap as to
the amount of alcohol sales and would legally be allowed to sell more alcohol. Chiles asked if the
site was a limited alcohol sales use would a variance still be needed. Schroeder explained that a
variance would still be needed as the use is in an overlay district and overlay districts do not allow
for limited or non-limited alcohol off-premise consumption unless they are over ten thousand square
feet which would then classify it as a grocery store but since the existing use is a legal non-
conforming use it is eligible for a variance. Leadley asked if the owner could reconfigure the existing
store to accommodate the new coolers instead of expanding the store. Bulicek stated that the coolers
that are being installed are bulky there for they need the extra space. Also, the expansion will allow
for a more open floor plan to allow wider aisles for easier accessibility and to allow for employees to
have better visibility and control over the store. The owner of the business Dilawar Kahn addressed
the board and reiterated that the expansion is mainly for expanding the grocery portion of the store.
Candy shelves require 10' space between them and shelves for potato chips need 15' between them.
Also, he plans to change the sign so that the store is seen as a convenience store rather than a liquor
store. Kahn also stated that he just recently purchased the store and feels that the previous owner did
not do a good job maintaining the store and he is trying to fix the store up. The store is very
congested and is difficult to keep clean and organized. When deliveries are being made the delivery
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March 24,2020 Minutes
employees are bumping into each other which makes it very difficult for them. It is his goal to make
the store "feel like you are somewhere" not at a liquor store in a bad neighborhood. Kahn went on to
say he spent 70K on his store at 926 Linn Street and plans to do the same at this location.
It was moved by Thornberry and seconded by Leadlev to approve the request by Eagle Mart DBA as Atli's
Corner for a variance to expand a legal non-conforming use to allow for a 32'x 38'(1,216 so expansion of
a non-limited alcohol sales use, located within the "C-2"Commercial District located at 1117 East 4th
Street. The motion carried 3-2 with Beckman and Leadlev voting no.
6. Request by Air Care for a variance to the provision prohibiting any Commercial,
Manufacturing, or Professional Services from being carried on in a mobile home, trailer
recreational vehicle, or similar motor vehicle to allow for the placement of a 271411 x 56'
mobile trailer on Waterloo Airport grounds within an I'M-211, P" Planned Heavy
Industrial District located at 2790 Livingston Lane.
Western gave the staff report that recommended approval of the request for the following
reasons:
1. There would appear to be lack of reasonable return, as there are extremely limited
locations available that would meet the requirements for safely and efficiently operating
an air medical crew.
2. There would appear to be a uniqueness to the request as air medical services crews require
living quarters with kitchen, private bath rooms and showers for up to four (4) members
and be located in close proximity of the hanger and aircraft.
3. There are no objections on file.
Justin Tucker the area manager for the AirCare program gave an update on the request and
explained that the original plan was to tie into and existing septic tank between hanger 2 and 5 is
too small to handle additional waste. Therefore, they are now proposing to move the trailer to the
west side of hanger 5 and install a new septic tank. Beckman asked for clarification of the type of
building being proposed. Tucker explained that it is a mobile home and will meet all ADA
requirements. Beckman asked for clarification as to the location of the mobile home. Tucker
explained that the mobile home will be to the west of hanger 5 and face west. Schroeder reiterated
that the original proposed location, option #1 was between hangers 2 and 5, but is being moved to
the west of hanger 5 and staff is recommending approval of the new location and would ask that
the board also consider approving option #2 located to the south of the snow maintenance
building, as there is sanitary sewer that could be utilized although it would be difficult; but it
would give AirCare more than one option. Beckman discussed the three options and asked were
the air craft be parked if option #2 was used. Tucker stated that is something that would have to
be discussed. Airport Director Kieth Kaspari spoke in favor of the option #3 as it would allow for
the fastest response as the aircraft would be parked immediately to the north of the mobile home.
Option #2 possess several complications which would include where to park the aircraft,
increased response time and difficulties tying into the existing sanitary sewer.
It was moved by Beckman seconded Chiles by to approve the request by Air Care for a variance to the
provision prohibiting any Commercial, Manufacturing, or Professional Services from being carried on
in a mobile home, trailer, recreational vehicle, or similar motor vehicle to allow for the placement of a
271411 x 56'mobile trailer on Waterloo Airportgrounds within an "M--2, P"Planned Heavy Industrial
District located at 2790 Livingston Lane, approving both proposed locations.Motion carried
unanimously.
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March 24,2020 Minutes
IV. Discussion
No discussion was had.
V. Adjournment
It was moved by Beckman, seconded by Chiles to adjourn the meeting at 6:00 p.m. Motion carried
unanimously.
Sincerely,
Christopher W. Western
Planner II/Brownfield Coordinator
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CITY OF WATERLOO
Council Communication
Leisure Services Commission Meeting minutes of August 11, 2020.
City Council Meeting: 9/28/2020
Prepared:
ATTACHMENTS:
Description Type
0 8/11/2020 Minutes Backup Material
SUBJECT: Leisure Services Commission Meeting minutes of August 11, 2020.
Submitted by: Submitted By:
Page 164 of 166
i
i MINUTES
I WATERLOO LEISURE SERVICES COMMISSION
TUESDAY, August 11, 2020
z ZOOM Conference Call
This meeting was held by ZOOM conference call. Jadyn Spencer called the meeting to
order at 7:30am.
Present: Jadyn Spencer, Tom Powers, Tom Christensen, Bob Bamsey, Sharon Samec,
Council Liaison Dave Boesen Staff: Paul Huting, Chris Dolan, Travis Nichols, Mark
Gallagher, Todd Derifield, JB Bolger and Bill Bachman Absent: Brenda Durbahn,
Xavier Leonard
Jadyn Spencer called for approval of the agenda. Motion to approve agenda by Bob
Bamsey, second by Sharon Samec
Jadyn Spencer called for motion for approval of the July 14, 2020 meeting minutes.
Motion by Tom Powers to approve minutes, second by Bob Bamsey
Jadyn Spencer called for approval of the bills. Questions were answered. Motion by
Sharon Samec to approve bills, second by Tom Powers
STAFF UPDATES
Forestry — Todd Derifield
Forestry crews will be completing cleanup today from the storm occurring on July
9th. Interviews will be scheduled for forestry maintenance vacancies in early
September. Waterloo has been named a Bird Friendly Community for the third year in a
row giving the community Sustained Flight status.
Young Arena — Chris Dolan
July 29-August 9 Black Hawks Summer Camps with 300 participants. Black Hawks staff
continues summer camps through August. Adult hockey begins August 16th.WYHA
Summer ice begins August 18th. West roof replacement begins week of August 101r,.
USHL schedule has no updates at this time.
Sports and SportsPlex — Mark Gallagher
Sports Gates Pool close August 9, Byrnes Pool close August 16, successful Optimist
Season, Successful Tee Ball/Coach Pitch seasons, Learn to swim winding down
SportsPlex - Group Exercise classes ongoing, Road Construction in front of building
Construction — Travis Nichols
Travis reported business as usual in the parks. He stated his crew was running daily
garbage routes, doing routine restroom cleaning, general park maintenance and weekly
park inspections. The crew fixed washouts along the trail by East Lake, installed 150
"911" signs to replace old ones and worked with Public Works to repair and sealed 250
feet of transverse cracks behind Cattle Congress on South Riverside Trail. The skate
park project should be completed by end of the month and our staff will do finish grading
and seeding. The crew started to remove the Hope Martin Shelter for replacement. The
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f
i
City's Engineering Department is assisting us on design and construction documents
and the new shelter should be out to bid within the next two weeks.
E
Golf and Downtown Area — JB Bolger
Fields of Honor Event held last weekend at Soldiers & Sailors Park, this included a
display of 590 flags that represent area veterans lost in all wars dating back to the Civil
War. Thanks to the Forestry Crew and Downtown Crew for their hard work making the
park look great! Gates Maintenance Building Contractor only has one metal siding
repair left to finish otherwise that project is complete. Lincoln Park Contractor has pretty
much finished all punch list items but we are working with Modus Engineering on issues
with the new electrical boxes. We have recently reviewed a roundabout that will be
installed at the intersection of Hess & Shaulis Roads that will have impacts to the South
Hills Driving Range. We have worked with Miller Fence and Flag to design a black
chain link fence that is 350' long and 20' tall that will protect vehicles and pedestrians
that navigate through the roundabout. Bus Bench Shelters on University Ave have been
experiencing vandalism. We are working with the University Ave design team to include
high resolution surveillance cameras in these locations to help reduce this problem. We
are monitoring the potential face mask resolution at the City Council level. If passed this
will impact pro shop operations. We have produced signs that we will post at the pro
shops and will comply with resolution if passed. Rounds report included with the
commission packet.
The next regular Leisure Services Commission Meeting will be held Tuesday,
September 8, 2020. To be determined where the meeting will be held.
Sharon Samec made a motion to adjourn, second by Bob Bamsey. Jadyn Spencer
adjourned the meeting at 7:55am.
A
- A -4--
Sharon Samec, Se retary
,'.j 1 101 ZC,2t>
Signed this Date
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